Judges of the Trial Chamber V (b) are expected to also make a decision on Bensouda’s application which is likely to see the president cleared from the ICC case. Photo/FILE.
The evidence contained in the Pre-Trial Brief will give details of evidence the prosecution intended to use to try the Kenyan leader before Prosecutor Fatou Bensouda filed a notice to withdraw the case, saying what she had could not sustain a trial.
In August 29, 2014 Kenyatta’s defence team protested publication of the Pre-Trial Brief after the prosecution indicated its intention to make it public.
They argued that making the brief public would tarnish the president’s reputation since the prosecution had already confirmed that it did not have evidence to support charges against him.
The judges however, in their decision requesting for the publication of the Pre-Trial Brief have overruled Kenyatta’s application to keep the evidence confidential and is now set to be released on Monday, although much of it’s sensitive details will be redacted.
The judges in their determination contested that the defense argument that release of the evidence would damage the accused person’s reputation lacked a legal backing to justify their request.
“The Chamber hereby grants the portion of the request relating to the filing of a public redacted version of the Prosecution’s second updated PTB,” the judges led by presiding Judge Kuniko Ozaki ordered.
The judges however acknowledged that the prosecution had withdrawn charges against President Kenyatta and explained their decision which they asked for redacted Pre Trial Brief which will also consider his reputation.
In the ruling the judges further ordered; “the prosecution to consult with the witness and victims Unit in relation to the second updated pretrial brief and to file a public redaction version by 1600hrs on January 19, 2015 taking into account the amendment proposed.
The evidence contained in the Pre-Trial Brief will give details of charges against President Kenyatta and supporting evidence the prosecution intended to use were the case proceeded to a full trial.
Judges of the Trial Chamber V (b) are expected to also make a decision on Bensouda’s application which is likely to see the president cleared from the ICC case.
President Kenyatta was facing crimes against humanity charges for planning and financing the post election violence of 2008 when more than 1000 people were killed and half a million others uprooted from their homes, mainly in the Rift Valley Province.
His Deputy William Ruto is also facing similar charges with co-accused, a former radio presenter Joshua arap Sang, in a trial that is on its tail-end.
Ruto was expected in The Hague later Sunday ahead of court appearance on Monday.
Both Ruto and Sang deny all the charges facing them.
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