Githu, ICC Prosecution lock horns in Uhuru case

October 7, 2014 11:00 am


AG Githu Muigai and ICC Prosecutor Fatou Bensouda at a past function. Photo/FILE
AG Githu Muigai and ICC Prosecutor Fatou Bensouda at a past function. Photo/FILE
NAIROBI, Kenya, Oct 7 – The International Criminal Court (ICC) and the Government of Kenya (GoK) locked horns during Monday’s status conference of the case against Uhuru Kenyatta at The Hague.

Whereas Attorney General Githu Muigai maintained that GoK has cooperated with the ICC Prosecution to provide documents requested for use as evidence in the case against President Uhuru Kenyatta, the prosecution insisted that the government has not complied to furnish the office with the eight classifications of documents required.

“Is it your position that you have taken all steps available to you and you cannot progress the cooperation any further unless the prosecution provides this further information?” Presiding Judge Kuniko Ozaki asked the AG.

“That is our case,” he responded. “We have now documented it at great length. We have set out all the laws of Kenya relating to land and all the forms that anybody including GoK must fill to get a report relating to titles, we have begged this court before and we do so again,” Muigai responded.

He complained to the court that the prosecution was requesting for ambiguous and unspecific information some of which violated the Kenyan laws.

“It is true unless the prosecution is able to tell us we are interested in land reference number 100, please get us a search in that title. I have promised you, if that happens we will bring the search within 72 hours,” he said as he explained he would also furnish the court with information on vehicle ownership of President Kenyatta if he was also provided with specific number plates.

The prosecution insisted that the government had not furnished the office with the eight classifications of documents required.

Benjamin Gumpert for the prosecution told the court that GoK had provided partial information and failed to honor the specific timelines within which they had agreed to provide information.

“We don’t want to know how much tax Mr. Kenyatta has paid and how that is being calculated which is the essence of the documents we have been given. We want to know things like his directorship of companies and other financial details which this form requires him to provide, it is the completed versions of this document that we want and we have not got it,” he argued.

The prosecution further argued that the GoK submitted bank records of only three months instead of three years as requested. However, Muigai said after discussions they agreed on a different time frame hence bank details for three months had been provided.

She further told Trial Chamber V (b) that for the GoK to release telephone records of the president, the service providers and the Communications Authority of Kenya (CAK) would require a court order compelling them to do so.

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