Recent Court Documents in the 2 ICC Kenya Cases 9 October 2013

The Ruto/Sang Trial Chamber ordered that the victim applications of several OTP witnesses (which make them dual-status witnesses) should be confidentially disclosed to the parties.

The Trial Chamber also allowed the Common Legal Representative to prepare Witness 526- who recently completed her testimony- for purposes of examining her in court regarding victims’ interests. The CLR made this request because Witness 526 has a special status as both a victim and a witness

The Kenyatta defence applied for their client to be excused from continuous attendance at his trial. The application provides for Kenyatta’s physical presence at the opening and closing of the trial; but in any other situation where the court requires his presence, he would appear via video-link.

The Trial Chamber V(B)- the Kenyatta trial chamber- allowed the Prosecutor to disclose a less redacted version of witness 232’s victim application.

The same Trial Chamber refused the defence request an adjournment of the trial in order to ‘develop’ software and technology that could be used to analyse data from mobile phone records.

The Prosecutor in the Kenyatta case sought permission to add 2 more witnesses to her case. This follows the withdrawal of witness 426. The two witnesses are referred to as P-066 (who will testify to the nature and extent of sexual violence in the context of the Kenyatta charges) and P-548 (a Mungiki insider testifying as to the alleged Mungiki link with Kenyatta, coordination and organisation of attacks).

The CLR asked the Court to grant the Prosecutor’s request to add witnesses.

The VPRS gave its fifth report on the status of victims in the Kenyatta case.

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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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