August 29, 2014 - Today's News In Gazetikenya

Uhuru trial: D-Day set for Bensouda

HAGUE CASE | ICC prosecutor’s failure to meet ultimatum may hand Uhuru team chance to file for dismissal of case

International Criminal Court judges have given Prosecutor Fatou Bensouda six days from today to confirm whether she is ready to have the trial of President Kenyatta commence on October 7. Judges Kuniko Ozaki (presiding), Robert Fremr and Geoffrey Henderson ordered Ms Bensouda to furnish them with information by September 5 on her readiness to proceed with the trial. If Ms Bensouda indicates that she is not ready to start, there is the possibility that she could ask for more time, or that a window would open for President Kenyatta to file for dismissal of the case. “Noting the importance of timely and efficient preparations and in order to provide the necessary guidance for parties and participants, the Chamber orders the prosecution to file a notice confirming whether it anticipates being in a position to start trial on the provisionally scheduled commencement date of October 7, 2014,” the order stated.

The order also requires the legal defence teams of President Kenyatta and victims of the post-election violence to file responses to the prosecution’s filing, if any, by September 10. The ICC, in its March 31 decision on prosecution’s applications for a finding of non-compliance and for adjournment of the initial trial date had set October 7 as the provisional date for the commencement of the trial. The provisional date was, however, heavily dependent on whether Ms Bensouda receives and analyses fresh evidence, President Kenyatta’s financial and property records, which her office had requested from the government.

Download Here