Uhuru, Muthaura want ICC trials held in Kenya

By Athman Amran

Deputy Prime Minister Uhuru Kenyatta and former Head of Civil Service Francis Muthaura want their trial to be held in Kenya or Arusha in Tanzania instead of the International Criminal Court (ICC) in The Hague.

The two said that trial outside Kenya would disrupt their lives, stress them and would also be uneconomical.

They argued the Rome Statute provides that the court may sit elsewhere whenever it considers desirable to do so.

“The defence requests the trial to be held in Kenya for reasons of judicial economy and to ensure the judicial process takes place within the territory affected,” Uhuru’s defence counsel Steven Kay QC and Gillian Higgins, submitted their observations on the Agenda of Status Conference to be held on June 12, 2012.

The submissions, whose deadline was on May 28, 2012, are in response to Trial Chamber Order dated 14 May 2012.

On his part Muthaura submitted that the trial process could affect his health as it would not only significantly disrupt his life but would also be stressful.

“It is principally for this reason – a desire to reduce disruption and the strain of a criminal trial – that Ambassador Muthaura would continue to prefer that this trial before ICC takes place in Kenya or else in Arusha, Tanzania,” Lead Counsel for Muthaura, Karim A A Khan QC submitted.

Muthaura’s defence suggested that the trial could take place at the premises of the International Criminal Tribunal for Rwanda, which is winding down.

The proposal to hold the trial in Kenya or Arusha, Muthaura argues, could reduce costs, especially of witness travel and would increase court capacity, as there was not enough room space in The Hague.

This would also reduce disruption to victims of post-election violence and reduce their travelling time, Muthaura argued in his submission.

“Aside from these possible benefits, the Trial Chamber may consider that there could be additional advantages of ensuring, if possible, that the judicial process remains in (or close to) the territory concerned,” Muthaura submitted

He requested that the Governments of Kenya and Tanzania be invited to address it on the feasibility and willingness of hosting the ICC.

At the same time the two, who are accused of allegedly committing crimes against humanity during the 2007 and 2008 post-election violence, requested to be furnished with the names of prosecution witnesses.

“The defence has not at this stage received notification of all the evidence to be used by the prosecution in the proceedings, nor the identities of the witnesses it intends to rely upon,” Uhuru’s defence submitted.

Witnesses

The Deputy Prime Minister submitted that the disclosure of the names of witnesses must take place as soon as possible to allow the defence adequate time to prepare trial and asked the Trial Chamber not to allow any additional witnesses at a late stage as this could prevent them from adequate preparations.

Muthaura’s defence expressed “grave concern” about the veracity of key prosecution witnesses.

 “The case appears perhaps unprecedented in the extent that certain witnesses appear to be willing to fabricate evidence, in some cases, as part of organised extortion plans, in other cases simply in the belief that there is money to be made in the ICC process,” Muthaura’s defence submitted.

It submitted that it be given sufficient and adequate time after disclosure of the names and identities of prosecution witnesses to fully and thoroughly investigate these witnesses, their reputations, associations and antecedents, as well as the accounts they give allegedly pertaining to the charge.

“It is in light of this, and so as to prevent undue delay in the trial that the defence requests that the prosecution be ordered to disclose information and otherwise complete its disclosure obligations within strict deadlines, as considered appropriate by the Trial Chamber,” the defence submitted.

The case against Uhuru, Muthaura, Eldoret North MP William Ruto and Journalist Joshua Sang are before Pre Trial Chamber V.

The judges in the trai are Judges Kuniko Ozaki (Presiding), Christine Van den Wyngaert and Chile Eboe-Osujihe