Matsanga wrote to the chamber on April 28, seeking to be enjoined as amicus curiae, and has since received acknowledgement from the registry.
“My lords, my role as amicus curiae will be to assist the court secure and preserve its flagging credibility, save the court’s time and reputation and money,” Matsanga said in his application. “The money in question would be better utilised and should instead go a long way to do justice and help make reparations for victims in the Kenyan situation.”
The ICC’s Director of the Division of Court Services Marc Dubuisson has since written to Matsanga, in a letter dated May 1, acknowledging receipt of his application which was initially classified as confidential, but which has since been re-classified as public by the chamber.
In the letter seen by Capital FM News, Dubuisson said Matsanga’s application has been forwarded to the chamber.
President Kenyatta’s trial is set to kick off on October 7, after several adjournments due to applications by both the defence and prosecution.
According to the ICC judges, the trial was adjourned to give the Government of Kenya time to furnish the ICC Prosecutor with requested documents.
“The purpose of the adjournment is to provide the Government of Kenya with a further, time-limited opportunity to provide certain records, which the prosecution had previously requested on the basis that the records are relevant to a central allegation to the case,” the ICC Public Affairs Unit said.
Deputy President William Ruto and journalist Joshua arap Sang are also facing crimes against humanity charges at the ICC, stemming from the disputed 2007 presidential election, which led to a bloodshed that left more than 1,100 people killed and half a million others displaced.
Their trial resumes on Monday in The Hague.
Trial Chamber V (b) directed the ICC prosecution and the Government of Kenya to work on their cooperation woes which has seen them blame each other over failed cooperation.
The ICC Prosecutor on December 19 last year told the court that she did not have evidence to sustain the trial against President Kenyatta and requested for time to collect more evidence.
She also accused Kenya of frustrating her efforts to get important information she requires to use in the case against Kenyatta.
After the prosecution’s argument, the judges directed the Government of Kenya to provide President Kenyatta’s financial records and other information needed by the prosecution.
In so doing, it denied the prosecutor’s request to suspend the trial indefinitely and also the defence’s request to have all proceedings against President Kenyatta stopped for lack of evidence.
“The chamber directed the prosecutor to submit, within two weeks, to the Kenyan authorities a revised request to produce financial and other records relating to Mr Kenyatta. The chamber also directed the prosecution and the Kenyan Government to engage in cooperation and consultations without delay in relation to the revised request,” the ICC said.
The court has meanwhile scheduled a status conference on July 9 for the prosecution and Kenya to update the court on the progress made so far regarding the orders on cooperation and submission of Kenyatta’s financial records and other information needed by the court.
President Kenyatta is the only accused person in Kenya Case II after charges against former Head of Civil Service Francis Muthaura and ex-Police Commissioner Hussein Ali were dropped.
Muthaura’s charges were dropped post-confirmation stage over lack of evidence and after the only key witness used to confirm his charges admitted that he had lied to the court.
ICC Prosecutor Fatou Bensouda similarly said she had no evidence against Kenyatta after two witnesses withdrew, while others confessed they had given false statements.