ICC allows Uhuru to change witness
The International Criminal Court has allowed Deputy Prime Minister Uhuru Kenyatta to change one of his witnesses ahead of the confirmation of charges hearings next week.
The Finance Minister has been asked to, by this evening, submit information on the scope of the proposed testimony of each of his two live witnesses.
Judge Ekaterina Trendafilova, however, rejected Mr Kenyatta’s request to call up a third witness.
Mr Kenyatta’s lawyers had written to the court, saying that as a result of the disclosure made on August 19, the they realised the prosecution had altered its case and thus the need to change its selection of witnesses.
“The Single Judge notes the prosecutor’s agreement in this respect and the fact that the name of the prospective new witness and related information have been made available to the prosecutor. The Single Judge considers that the alternative request of the defence of Mr Kenyatta can be granted,” Judge Trendafilova said.
She rejected a request by Mr Kenyatta, Head of Civil Service Francis Muthaura and Postmaster-General Hussein Ali for a status conference to discuss alleged introduction of new claims by the prosecutor.
Timing of disclosure
The three suspects had complained that the timing of the last batch of disclosure to coincide with the deadline of the Document Containing Charges does not allow “the orderly and efficient conduct of proceedings and risks rendering the confirmation process meaningless and ineffective”.
However, the judge said the prosecutor’s disclosure complied with the rules, which require the DCC and the list of evidence be provided to the Pre-Trial Chamber and the suspects “no later than 30 days before the date of the confirmation hearing”.
