By Felix Olick
KENYA: Deputy Prime Minister Uhuru Kenyatta and former Head of Civil Service Francis Muthaura have asked the International Criminal Court (ICC) judges to dismiss the prosecution’s application to amend charges to include that victims died of gunshot wounds in Naivasha.
In a joint application to the Trial Chamber V three-judge bench, Muthaura and Uhuru argued the Rome Statute does not grant the prosecution free hand to add new facts after confirmation of charges.
“The prosecution’s use of evidence collected?post-confirmation is no exceptional?and?is inconsistent with the rights of the accused,” their defence lawyers argued.
On January 31, ICC Chief Prosecutor Fatou Bensouda asked the three-judge bench headed by Judge Kuniko Ozaki to re-insert a factual allegation that victims were shot dead in Naivasha.
Prosecutor’s plea
However, the Pre-Trial judges had rejected this allegation cited in the count of murder against the two suspects for lack of evidence. But, Bensouda now says since the confirmation hearing, the prosecution has obtained evidence from four witnesses that the suspects supplied and used guns in killing perceived ODM supporters. “Since the confirmation hearing, the prosecution obtained evidence from several witnesses – P-0493, P-0494, P-0506 and P-0510 – that the network supplied and used guns in murders of perceived ODM supporters in Naivasha,” she told the trial judges.
Bensouda said a witness admitted he was given automatic weapons and ammunitions with instructions to attack Luos in Naivasha.
Consequently, she wants the Chamber to permit her to amend the charges to include the allegation that victims were killed by gunshots in Naivasha in the count of murder as a crime against humanity. However, the defence has insisted the prosecution has adopted improper approach to investigations and should not be permitted to amend the charges.
Judges of the Hague-based ICC last year decided to try Kenyatta, 51, and his co-accused Muthaura, 66, on five counts of crimes against humanity
They are to go on trial on April 11, a day after two other accused, ex-minister William Ruto, and radio boss Joshua arap Sang.
