He further argued that the defence had had enough time to raise these concerns with the Trial Chamber V(b) within the two years it claims to have been requesting for it.
“It absolutely makes no sense at all that £20 million cash was taken out of the Kenyan banking system in a heartbeat and provided to people,” said Kay.
“We have no evidence if this did happen from the financial sources readily available to the prosecution as to what would happen to the money markets in Kenya.”
The Legal Representative of Victims Fergal Gaynor had also accused Kenya of withholding the evidence saying that this would have a ripple effect on the justice for victims.
Gaynor also made serious allegations against the government accusing it of tampering with phone data that the prosecutor had requested for before finally submitting it.
While making reference to Kenyatta’s statements on the court, he added that the Head of State had referred to the ICC as a ‘demonic’ and ‘racist’ institution that targeted Africans.
According to Gaynor, Kenyatta’s anti ICC sentiments had scared away potential Mungiki witnesses.
“The accused has spent a lot of money to send diplomats all over Africa to campaign against the ICC instead of using the money for victims. The withdrawal of witnesses appears to have been as a result of his anti ICC rhetoric,” he said.
Kay however rubbished Gaynor’s remarks telling him that the authenticity of the phone data had been verified by a single joint expert.
He also accused the victims’ representative of stirring emotions and providing them with a false sense of hope.
The judges are set to set another date for a subsequent status conference, whose tentative date currently stands as February 13, 2014.
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