Blow for Uhuru as ICC rejects bid to stop trial.

Ab-Titchaz · 2014-04-02T00:59:09+00:00

Blow for Uhuru as ICC rejects bid to stop trial The The International Criminal Court building at The Hague. Judges Kuniko Ozaki, Robert Fremr and Geoffrey Henderson Monday threw out a request by President Uhuru Kenyatta to be acquitted of crimes against humanity. Instead, they said his trial should open on October 7, 2014 and also ordered the government to release his financial records to International Criminal Court Prosecutor Fatou Bensouda. PHOTO/FILE By BERNARD NAMUNANE & DAVE OPIYO In Summary Ms Bensouda had asked the court to postpone the case indefinitely and to give her time to gather more evidence, a request which was declined. The chamber refused to grant an open ended postponement but made orders which make the October date decisive. The government will now be expected to obtain and hand over to the ICC prosecutor Mr Kenyattas financial records. President Uhuru Kenyattas request to be acquitted of crimes against humanity suffered a major setback Monday after judges threw it out. Instead, they said his trial should open on October 7, 2014 and also ordered the government to release his financial records to International Criminal Court Prosecutor Fatou Bensouda. Ms Bensouda had asked the court to postpone the case indefinitely and to give her time to gather more evidence, a request which was declined. The judges ordered her to send a fresh request to Kenya for the information she is seeking on Mr Kenyattas wealth. Judges Kuniko Ozaki, Robert Fremr and Geoffrey Henderson warned the government against using delaying tactics in producing the evidence requested by the prosecutor, saying two years is a long period. The chamber refused to grant an open ended postponement but made orders which make the October date decisive. The Chamber finds, inter alia, that a limited adjournment should be granted, the judges said. This adjournment is of fixed duration and for the specific purpose of providing an opportunity for compliance by the Kenyan government with the outstanding cooperation request. The government will now be expected to obtain and hand over to the ICC prosecutor Mr Kenyattas financial records, including bank accounts, transactions and other assets which Ms Bensouda hopes could provide evidence to support her case against him. The Prosecution is directed to, within two weeks of the date of this decision, provide the Kenyan Government with an updated request, which is based upon the Records Request and is tailored to reflect the items that remain of specific relevance to the charges, they ruled. They directed the government, in a period of two weeks, to inform the prosecutor of any problems stopping them from providing the Presidents wealth records. To ensure this happens, they directed the prosecutor and the government to find options within the Constitution and other pieces of law which will make it possible for the records to be submitted. Ms Bensouda and the government were urged to ensure the process is executed in good faith to ensure that any difficulties that may arise are resolved without delay. In the event of genuine and irreconcilable differences between the Prosecution and the Kenyan Government, or any matter otherwise requiring resolution, the Chamber stresses that it is to be promptly seized of the matter they said. The Chamber now wants to be updated of the progress after every two months and fixed a status conference on July 9 to provide an update on the status of the execution of the Revised Request, any consultations, and any other relevant issues. They rejected arguments by Attorney General Githu Muigai that the Constitution, the CBK Act, the International Crimes Act and other related laws do not allow the government to submit Mr Kenyattas financial records to The Hague. The government, in fact, they ruled was under obligation to produce the records and should not have used delaying tactics to fail in its duties. The AG, they said, should have sought to resolve the matter with Ms Bensouda. In light of the submissions made, the Chamber finds that this has not occurred, the judges said. Nairobi lawyer Ashford Muriuki said the prosecution had won the battle but said that the judges had only postponed the day of reckoning. Mr Kenyattas trial had initially been set for February 5. Blow for Uhuru as ICC rejects bid to stop trial - News - nation.co.ke

Thread starter Ab-Titchaz
Start date Apr 2, 2014

Ab-Titchaz

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Blow for Uhuru as ICC rejects bid to stop trial.

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