Three of Ocampo Six fault ICC's order on witnesses

By CYRUS OMBATI

Three of the six Kenyans under investigations by the International Criminal Court (ICC) want The Hague based Court to clarify on an order issued earlier blocking them from contacting "witnesses".

Finance Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura, and former police commissioner Maj-Gen (Rtd) Hussein Ali say the order is ambiguous and may block them from contacting their own defense witnesses.

They therefore want the court to substitute the order to read "Prosecution witnesses".

One of the judges handling the Kenyan case, Judge Ekaterina Trendafilova certified the matter as urgent on Thursday last week and ordered prosecutor Luis Moreno-Ocampo to file a response by Monday evening.

The judge reduced the 21 response days required by the law to four days in cognizant of the principle of expeditiousness.

"Cognizant of the principle of expeditiousness, and considering that the subject matter of the Defense’s Request warrants a prompt resolution, the Single Judge deems it necessary to reduce the time limit provided for in regulation 34(b) of the Regulations, should the Prosecutor wish to respond to the said request," she ruled.

"For these reasons, the single judge orders the Prosecutor, should he wish to respond to the defence Request, to file his response no later than Monday, 28 March 2011, at 16:00 hours."

Mr Kenyatta, Muthaura and Ali had asked the Pre-Trial Chamber court to modify the word "witness" with the words "prosecution witness", thereby affirming their right to contact "potential defence witnesses".

The application by the trio’s defense counsel was in response to an order issued earlier barring them "from having contact directly or indirectly with any person who is or is believed to be a victim or a witness of the crimes for which they have been summoned for.

Kenyatta, Muthaura and Ali are among six Kenyans who have been summoned to appear at The Hague on April 7and April 8 over the post 2007 election violence that claimed 1,300 lives.

The other three are suspended Higher Education Minister William Ruto, Tinderet North MP Henry Kosgey and KASS FM Radio Presenter Joshua Arap Sang.

They have all expressed willingness to make that initial appearance at The Hague as ordered by the Judges.