ICC judges question Kigen conduct

Judges at the International Criminal Court on Saturday raised concern with a defence lawyer Katwa Kigen after it emerged that he drafted statements for a witness.

Testifying while being questioned by the prosecution, witness Henry Kiprono Murei had told the pre-trial chamber hearing the Kenya cases that his statements were drafted by Mr Kigen.

Mr Murei appeared before the court as a defence witness for Eldoret North MP William Ruto.

The presiding judge Ekatarina Trendafilova ordered Mr Kigen to submit two statements - the handwritten one by the witness and the second one he drafted as a lawyer. She also reminded all lawyers at the court that such conduct was not allowed under the court's rules.

She also asked Mr Murei not to sign any statement unless he has drafted it personally.

Mr Kigen requested for time to get the statements sent from Nairobi, explaining that the witness was interviewed by a different lawyer who has since been appointed a judge in Kenya.

The ICC Pre-Trial Chamber II is holding hearings to determine whether to confirm charges brought against six prominent Kenyans for their alleged role in the post election violence that rocked the country following a disputed presidential election at the end of 2007. The chaos left 1,300 dead and 600,000 homeless.

The suspects in the first case include Mr Ruto, former Industrialisation Minister Henry Kosgey and radio presenter Joshua Sang'. The three are associated with the Orange Democratic Movement (ODM) and are said to have conspired to drive members of the Kikuyu tribe from Rift Valley province.

The second case is against Head of Civil Service Francis Muthaura, Deputy Prime Minister Uhuru Kenyatta and former police chief Hussein Ali. Associated with the Party of National Unity (PNU) are suspected to have applied state machinery to retaliate against members of ODM. Their confirmation hearing will begin on September 21.

The hearings have adjourned until Monday at 2.30pm.