President Uhuru Kenyatta. [Photo: File/Standard]

By FELIX OLICK

A recent confidential petition filed by President Uhuru Kenyatta at the High Court requesting access to mobile telephone data relating to the International Criminal Court (ICC) case has reached The Hague.

Victim’s lawyer Fergal Gaynor now claims that confidential information, which could identify ICC protected witnesses and victims could have been disclosed during the proceedings. In a new application to the three-judge bench, Gaynor now wants the Chamber to compel Uhuru’s defence to state whether such information was disclosed.

 “There is at least a reasonable likelihood that unauthorised disclosure of information leading to the identification of protected persons might have taken place,” said Gaynor in his application dated Tuesday.

The legal representative of victims complained to the court that Uhuru’s lawyer had not heeded his request to be furnished with a copy of the confidential petition, which he wanted to evaluate.

Emails

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He lamented that Uhuru’s Counsel Stephen Kay declined to respond to two emails sent to him requesting for clarification.

“The defence did not reply to either of the emails sent by a legal representative on August 1, nor did it reply to a follow-up email of August 8,” he explained.

President Uhuru’s lawyer filed confidential lawsuits against Safaricom and Airtel before different judges in Nairobi.

It’s said the petition was meant to obtain information about key witnesses that ICC Prosecutor Fatou Bensouda is expected to rely on when the trial against Uhuru opens on November 12. The first case against Safaricom was filed at the High Court before Justice David Majanja and the second against Airtel was filed yesterday before Justice Isaac Lenaola.

In his application, Gaynor maintained that victims have repeatedly expressed concern for their safety.