By Alex Ndegwa
International Criminal Court’s Trial Chamber has amended agenda for Status Conference scheduled next week with the trial unlikely to begin until after September.
Trial Chamber V is scheduled to hold a Status Conference for the two Kenya cases on June 11 and June 12 during which parties will agree on the date of the trial and other procedural issues.
The proceedings will have two public sessions: one from 11am to 1pm and another from 2.30pm to 4.30pm. To avoid disclosure of sensitive information regarding witness protection, an ex parte session involving the prosecution and registry will be held separately.
The amended ten-point agenda for the preparatory hearing in the cases involving Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Head of Civil Service Francis Muthaura and journalist Joshua Sang was released on Wednesday evening.
A ruling by the Chamber on an anticipated application by prosecution on the permissible scope of witness preparation is due in September, suggesting the trial is unlikely to begin until then.
organisational policy
“The prosecution is requested to file its written submissions on the issue not later than 13 August. The defence for each of the accused and legal representative of victims will thereafter have 21 days to respond to such submissions,” the judges said.
An application by Muthaura to compel the prosecution to produce signed statements of the witnesses it intends to call has similar timelines.
Muthaura’s lawyers were directed to file an application setting out their position on the matter not later than August 13.
The prosecution and the legal representative of victims will then have 21 days to respond to that application. Other issues to be argued at the conference include whether the prosecution should file an amended document containing the charges.
Whether the parties and participants should be required to file written submissions on the legal definition of “organisational policy” and whether the Chamber should rule on definition prior to the commencement of the trial.
The prosecution’s submissions regarding the issue of protection of witnesses and the prosecution’s proposed “rolling disclosure” approach to disclosure of the identities of witnesses.
Timing, volume and format of disclosure of evidence by the prosecution and the prosecution’s proposal to adopt a new system for authorising and reviewing redactions to disclosed materials will also feature.
