Recent Court Documents in the 2 ICC Kenya Cases 09 September 2013

Trial Chamber V(A) ruled on Joshua Sang’s application to exclude expert evidence from Herve Mapeu. The application had been made confidentially, but has now been re-classified as a public document. Mr. Mapeu is a Prosecution witness due to testify at trial on the socio-political context of the Post-Election Violence. The Prosecutor had submitted the expert report prepared by Mr. Mapeu and the Sang Defence objected to its admission in evidence.

The Court felt that the socio-political situation around the 2007/08 period was sufficiently complex that it needed to here expert testimony to assist it in understanding this history. This was irrespective of whether other (non-expert) witnesses would testify on similar matters. The judges also agreed that the subject matter of the expert report did fall within the remit of a socio-political expert.

The Court held back from addressing Mr. Mapeu’s qualifications as an expert, stating that this was a matter to be addressed during trial after Mr. Mapeu has been examined and cross-examined by the parties. For the same reason, the Judges declined to make a ruling on other potential defence challenges to the report’s admissibility (e.g. whether it has probative value and the probative value outweighs any prejudice it may cause) until the report is actually submitted at trial.

The same trial chamber also held a status conference on 19 August to discuss the length of the Prosecution’s case, the time take to question witnesses and other procedural matters.


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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


Advancing the rule and role of law in Africa

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