All set for Uhuru, Bensouda legal duel

By FELIX OLICK

The stage is Wednesday set for a major legal duel between President Uhuru Kenyatta and International Criminal Court (ICC) Prosecutor Fatou Bensouda during a key meeting at The Hague.

The trial Bench has issued a three-point agenda that will be deliberated during the status conference set to last approximately four hours.

The defence of President Kenyatta will be pushing for the termination of the case, with Ms Bensouda expected to lay bare additional investigative steps her office has undertaken against the Head of State since she requested for an adjournment of the case two months ago.

The status conference coincides with the date earlier set for commencement of the president’s trial that was, however, put off after the prosecution cited insufficient evidence.

CRITICAL MEETING

But ahead of the critical meeting, Bensouda appeared to shift goalpost asking the judges to adjourn the case until the Government of Kenya cooperates with the court by giving more evidence against Uhuru.

“The Government of Kenya’s non-compliance has blocked an important avenue of investigation in this case and the GoK has failed to provide a supportable explanation for its obstructionism,” Bensouda told the Trial Chamber headed by Japanese judge Kuniko Ozaki.

On December 19 last year, the former Gambian Attorney General and Justice Minister requested an adjournment of the trial date for three months in order to “undertake additional investigative steps” against the President.

But in her latest filing, Bensouda conceded that there has been no breakthrough in new investigations.

 “In the week beginning January 20, 2014, the prosecution received information that led it to conclude that it would not be able to obtain the material discussed in paragraphs 1 to 10 of the annex. The prosecution no longer considers there to be a prospect of obtaining the material,” she said.

But despite the impediment, Bensouda insists it would be premature to terminate the case against Uhuru without a determination of her motion, citing the Kenya Government for allegedly obstructing investigations.

“If the prosecution were to withdraw its charges before the chamber addresses this issue, it would send a message that states can thwart this court’s work without consequence,” contends Bensouda.

The Prosecution wants Uhuru’s  financial records and also blames the Government for failing to facilitate her to take statements from police officers who manned post-poll chaos hotspots.

During the status conference, the new judge, Geoffrey A Henderson (from Trinidad and Tobago) who replaces Nigerian judge Chile Eboe-Osuji, will hear the case against Uhuru for the first time. The other judge is Robert Fremr from Czech Republic.