Sources have told Capital FM News that preparations are ongoing to have the remaining nine listed witnesses testify via video link from Nairobi/FILE
Before resumption, the International Criminal Court (ICC) will hold a status conference to discuss the agenda of the next session and also settle outstanding issues.
Sources have told Capital FM News that preparations are ongoing to have the remaining nine listed witnesses testify via video link from Nairobi.
During the session that ended on July 16, trial lawyer Anton Steynberg informed the court that the prosecution may present two other witnesses based on the decision of the trial chamber.
Though the court has released a calendar for the next session, there is no decision issued by the court about the two additional witnesses.
Steynberg also informed the court that the Appeals Chamber would determine if the Government of Kenya will be compelled to force seven other separate witnesses to testify. The Appeals Chamber as well has not ruled on the matter.
If the remaining witnesses are not lined up to give their evidence, it means the prosecution will close its case paving way for the defence teams to counter the prosecution’s evidence.
The defence teams of Ruto and Sang are also at liberty to file a motion of no-case-to-answer after the trial chamber gave them the go ahead to do so. So far none of them has indicated they will file such a motion.
The trial against Ruto and Sang adjourned in July after the evidence of the 21st witness, a former official of the Waki Commission who presented radio transcripts of Sang’s show on Kass FM.
The trial against President Uhuru Kenyatta is on the other hand expected to commence on October 7.
The prosecution has accused President Kenyatta of being an indirect co-perpetrator responsible for five counts of crimes against humanity including murder, persecution, forcible population transfer and rape.
The prosecution which earlier told the court that it did not have evidence against President Kenyatta, has accused the Government of Kenya of failing to submit ‘crucial’ documents to the court.
It wants evidence to sustain its claims that President Kenyatta used his personal assets to bankroll attacks in Nakuru and Naivasha during the 2008 post-election violence.
It has outlined eight categories of documents it wants to use against President Kenyatta. They include records of companies he owns, vehicles registered in his name or through associated companies, tax returns, bank statements, telephone and foreign currency exchange records.
The prosecution further wants intelligence data on President Kenyatta.
The prosecution which continues to press the government to cooperate and submit the required documents told the court that Kenya had submitted five of the eight categories of records required.
So far, the prosecution has no witnesses lined up to testify against President Kenyatta but insists the evidence lies in the eight categories of documents it is seeking from the government.
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