, NAIROBI, Kenya, Jul 8 – The Government of Kenya and the Office of the Prosecutor (OTP) are on Wednesday expected to update the International Criminal Court (ICC) on the status of cooperation in the case against President Uhuru Kenyatta.
According to ICC Outreach Coordinator (Kenya Office) Maria Kamara the Prosecution will explain to the court if Kenya heeded the request to submit required documents.
“The purpose of the status conference is for the parties to provide to the judges of the trial chamber with an update of the status of the execution of the revised request for cooperation. It will be therefore for the parties to indicate whether the request has been executed fully or partially,” Kamara explained.
On March 31, the judges of Trial Chamber V (b) asked the Government of Kenya to submit crucial documents required by the prosecution and authorised for a two monthly update on the status of the same.
ICC Prosecutor Fatou Bensouda had requested for Kenyatta’s financial documents and telephone records which she deemed to be crucial documents in her case against Kenyatta.
However, Attorney General Githu Muigai who is already at The Hague for Wednesday’s status conference has on several occasions told the OTP that the government requires a ruling by a domestic court to authorise for release of Kenyatta’s financial records.
In February this year, Muigai alleged that Kenya had submitted 36 documents out of the 40 requested by the OTP.
After Wednesday’s briefing, the judges will give the parties new timelines and future plans for cooperation. So far, the trial date for Kenyatta still remains on October 7 unless the judges rule otherwise.
Bensouda told the court that she did not have evidence against Kenyatta which prompted the court to vacate earlier dates of commencement of his trial.
Meanwhile, a closed door status conference in the case against Deputy President William Ruto and journalist Joshua arap Sang was held on Tuesday.
The trial resumes on July 10 and is expected to break on July 16 for the court recess.
Once it resumes next Thursday, the 21st witness is expected to take stand. This is the only remaining witness cleared to testify against Ruto and Sang.
According to Kamara, the Appeals Chamber is expected to issue a ruling on if nine other witnesses will be included in the prosecution list of witnesses or not.
If not, the prosecution will close its case paving way for the defence to present its evidence.
The defence was allowed to file a motion of ‘no case to answer’, so far none of the defence counsel has communicated their intention to do so.
Kamara explained that a motion of no case to answer requires an application for every single charge.
If there will be no motion of no case to answer, the defence will then present its case where it will also be allowed to call witnesses and present other defence evidence it has against the accusations made by the prosecution.