Court stops taking of ICC evidence
Recording of statements from security officers for the purposes of Kenya's cases at The Hague has been temporarily stopped.
In a court ruling on Monday, Justice Daniel Musinga issued an order prohibiting another judge, Justice Kalpana Rawal from recording statements from senior police officers.
In the case, two businessmen Jackson Mwangi and James Ndirangu went to court to stop the recording of evidence saying it was against the Constitution of Kenya.
The applicants argued that the attendance of any Kenyans before Justice Rawal for evidence taking is illegal and a contravention of the Constitution.
The two argued that the Rome Statute establishing the International Criminal Court (ICC) and other rules including those of procedure and evidence are contrary to the Constitution.
The two were initially before Justice Hannah Okwengu who declined to issue the temporary orders and instead directed them to serve the respondents and appear in court on Monday.
They argued that the ICC rules, “which enable the judge to take the evidence are illegal in that they provide that all records and documents relating to the proceedings before the ICC shall be confidential and kept under seal thus conflicting with article 35 of the Constitution on access of information.”
The orders issued are to be in force until the case is heard and determined.
Meanwhile, the file has been forwarded to the Chief Justice for the appointment of a three judge bench to hear the case.
So far, 10 witnesses among them senior police officers and provincial administration officers have distanced themselves from the case saying the two businessmen did not consult them on the issues raised.
