Uhuru, Ali ready for confirmation hearings

Two post election suspects have withdrawn their bid to push back the confirmation of charges hearings set for September 21 at the International Criminal Court.

Through their lawyers, Finance minister Uhuru Kenyatta and Postmaster General Hussein Ali said they were satisfied that their legal teams had addressed the new issues raised by the prosecution.

On Friday, the ICC held a press conference in The Hague where it was revealed that the Eldoret North MP William Ruto, his Tinderet counterpart Henry Kosgey and radio presenter Joshua arap Sang will know their fate sixty days after their defence has submitted written submissions by October 24.

Confirmation hearings for the three ended Thursday.

ICC lawyers Gilbert Bitti, Mohammed el Zeidy and the head of the Public Affairs Unit Fadi el Abdalla also said the suspects remain free men.

Together with the third suspect, head of civil service Francis Muthaura, Mr Kenyatta had requested that their hearings be pushed to December arguing that the prosecution had changed its case and they needed more time to prepare.

The three said that the Document Containing Charges (DCC) filed on August 19 revealed a change in the nature of the prosecution’s case forcing them to change their selection of live witnesses.

"The Defence for Uhuru Kenyatta seeks to withdraw the request for an adjournment of the confirmation hearing proceedings filed on 1 September 2011.

"As a result of the Defence submissions in Confidential Ex Parte Annex 1 to the filing made on that date and further investigation, the Defence is satisfied that it has addressed the issues raised by the Prosecutor in its last disclosure of evidence on 19 August 2011," said Steven Kay QC and Gillian Higgins, on behalf of Mr Kenyatta.

Lawyers Evans Monari and Gershom Otachi Bw’omanwa, representing Major General Ali, reached the same conclusion.

"The Defence no longer deems it necessary to maintain the request for adjournment of the Confirmation of Charges Hearing having perused the Prosecution’s disclosure of 19 August 2011.

"The Defence, therefore, requests that the said request for adjournment be withdrawn and the Confirmation of Charges Hearing to proceed on 21 September 2011 as scheduled," they said.

The Defence teams were concerned about allegations that Mr Kenyatta specifically tasked a former Nakuru Kanu MP to coordinate the retaliatory attacks and that he and Mr Muthaura organised planning meetings after the elections.

Mr Kenyatta is also concerned by the new information released by the Prosecutor that his party (Kanu) offices were used for recruitment, mobilisation and payment of the militia gangs and pro-PNU youths involved in the attacks.

The new allegations cited by Mr Ali include that he orchestrated the killing of Mungiki leaders that were involved in the PEV by the Kenyan Police.

He is also concerned over claims that he spoke to Mr Muthaura twice about the upcoming riots and received orders not to arrest the person’s involved and that Mungiki members wore Kenyan army uniforms during transportation to attack destinations.