Recent Court Documents in the 2 ICC Kenya Cases 30 April 2013

The Trial Chamber granted leave to the Kenya government to make submissions on the cooperation that it has provided to the ICC. Earlier this month the Attorney General had filed an application for leave, complaining about the Prosecutor’s accusation that her investigations were hampered by a lack of cooperation from the Kenya government. The parties to the proceeding as well as the Legal Representative have 14 days (from 24 April) to respond to the GoK’s submissions.

The Legal Representative for Victims in the Ruto, Sang case has responded to the application by Ruto to waive his presence during much of his upcoming trial (owing to his ‘workload’ as Deputy President). In his response, Wilfred Nderitu argues that the accused’s presence is not a right that he can choose simply to waive. Furthermore, in other cases where the accused’s absence was accepted, this was strictly for short periods and due to unavoidable circumstances. Finally, he concludes by noting that having accused absent from their own trials may lead to participation lethargy among the victims and a feeling that ICC proceedings are merely symbolic.

The Kenyatta defence team complained about 4 documents that they felt the Prosecutor failed to disclose to them in a timely manner. The documents allegedly show further inconsistencies and contradictions in infamous OTP-4’s evidence. The defence team wanted to file additional submissions to the court in light of this recently disclosed information.

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Following the Hague trials of 4 Kenyans to the end. A blog by Archie Nyarango

UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

AfricLaw

Advancing the rule and role of law in Africa

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