President Kenyatta’s Lawyers Want The Case Terminated, Basing Their Arguments On The Prosecution’s Own Earlier Admission That It Lacked Sufficient Evidence To Sustain The Case
Drama and a bare-knuckle fight unfolded at the International Criminal Court Wednesday as the prosecution fought to keep alive its case against President Uhuru Kenyatta.
Mr Kenyatta’s lawyers want the case terminated, basing their arguments on the prosecution’s own earlier admission that it lacked sufficient evidence to sustain the case.
However, in a bold about-face, the prosecutors led by Ms Fatou Bensouda, said they did have some evidence after all but they needed additional information from the Government to corroborate it.
For example, the prosecution claimed, the President’s phone records showed that in the three days leading to the atrocities in Naivasha, a third of the calls that Mr Kenyatta received were from an MP from that area.
In a vigorous response, Mr Kenyatta’s defence team accused the prosecution of not trusting the information the defence was providing and said they will not provide any more information.
“Every time the defence provides evidence, the prosecution takes another turn. The prosecution keeps dismissing the evidence we avail to them. We have had no trust in the court with the prosecution and I have drawn the line on the sand: I will give no more evidence,” the lead counsel for Mr Kenyatta, Mr Steven Kay said.
Outside the court, Kenyans who had travelled with the President, notable among them Nairobi Senator Mike Sonko, were creating a spectacle with a noisy demonstration.
The President was photographed smiling but otherwise sat quietly through the arguments, having waived his right to address the court.
Trial chamber judges Kuniko Ozaki, Robert Fremr and Geoffrey Henderson will decide in about three weeks whether to drop the charges or grant the prosecution its request and declare that Kenya had not cooperated with the court and report it to the Assembly of State Parties. They could also make a ruling adjourning the case indefinitely.
Said lawyer Evans Monari: “We now are awaiting the ruling on the three requests before the judges. That is termination of the case; referring it to the state parties or adjourning it sine die (indefinitely). It can be in less than three weeks.”
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