Uhuru cries foul over ICC process

Finance minister Uhuru Kenyatta has cried foul over the International Criminal Court process by claiming it was being used to rubber-stamp charges against him.

Mr Kenyatta, who is also the Deputy Prime Minister, is infuriated by the decision to limit the number of witnesses suspects can present to two during the confirmation of charges hearings next month.

Through his lawyers, he indicated that he wanted to present five witnesses but the decision was rejected.

By Wednesday, Mr Kenyatta, Head of Public Francis Muthaura and post-master general Hussein Ali had each submitted the names of two witnesses but their identifies were hidden on request.

Initially, Mr Muthaura and Maj-Gen (rtd) Ali intended to present nine and eight witnesses respectively.

In his application against the two-witness cap, Mr Kenyatta’s lawyers on Monday raised the alarm that the restriction might make it difficult for them to persuade the Pre-Trial Chamber to halt the proceedings at this stage.

“The order of the single judge will significantly affect the outcome of the trial in the sense that such a restriction upon the defence to counter the evidence of the prosecutor using persuasive, probative live testimony risks turning the
confirmation process into a rubber-stamping of the charges against the suspects,” said lawyers Steven Kay and Gillian Higgins.

The two also accused the court of handling the matter as if it had already been decided on before those affected could make their contributions, leaving them with no option but to accept the outcome.

"The confirmation hearing should not be treated as a fait accompli,”  said the lawyers in  an application for permission  to appeal against the decision.  

"The defence contends that the admission of potent live testimony will play a significant, persuasive role in challenging the evidence of the prosecutor and establishing that the evidential burden has not been met in this case.”

Further, Mr Kenyatta described the two-witness limitation as arbitrary, unjust and unfair, accusing the judge of “organising”  the  proceedings.

“In particular, the single judge failed to give sufficient weight to the detail and individual circumstances of each defence case and arbitrarily restricted each of the teams to calling only two live witnesses.”

Mr Ali’s lawyers had made a similar protest  and enjoined Mr Muthaura.

The other suspects Eldoret North MP William Ruto, Henry Kosgey(Tinderet)  and radio presenter Joshua arap Sang, who will appear before the court on September 1, had asked to be allowed a total of 48 witnesses.

The six are alleged to have either planned or financed the 2007/2008 post-election violence.