Recent Court Documents in the 2 ICC Kenya Cases 25 September 2013

The Common Legal Representative of the Victims (CLR) in the Kenyatta case asked the Trial Chamber to compel the Kenyatta defence to state whether it had supplied information to telecoms companies in Kenya that might be used to identify witnesses. This came after the revelation that the Kenyatta defence was, through a confidential application in the High Court, seeking mobile telephone data of certain individuals connected with the Kenyan cases. The CLR worries that by allegedly releasing such data, the Professional Code of Conduct and the Code of Conduct for investigators may have been breached.

The Kenyatta defence replied, saying that the High Court application had nothing to do with the victims. They also protested at the media reports of the High Court application which they termed misleading and inaccurate. Finally the Kenyatta defence termed as unprofessional the manner in which the CLR accused the defence team of unethical behaviour; they asked the Court to dismiss the CLR’s application.

The Prosecutor replied to the Kenyatta Defence application for an updated pre-trial brief by undertaking to file one, though she criticised the defence for bringing to the Chamber a matter that could easily have been handled amicably.

Trial Chamber V(B) in the Kenyatta case reached a decision allowing the Common Legal Representative access to specific confidential filings listed by the Court. The Chamber also reminded the parties that they should notify the CLR of legal filings relevant to the interests of the victims, even if the filings themselves remain confidential.

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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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