Uhuru lawyers seek to use phone evidence in ICC trial

Lawyers for Jubilee presidential candidate Uhuru Kenyatta want to be allowed to use photographic and mobile phone evidence to counter State House meetings allegations by a key witness in the case facing him at The Hague.

They also want International Criminal Court prosecutor Fatou Bensouda to state whether she will depend on the three star witnesses — all linked to the outlawed Mungiki sect — during the trial to begin on April 11.

Lawyers Steven Kay and Gillian Higgins, still, have applied to the ICC Trial Chamber to require Ms Bensouda to disclose the identities of the two of the three witnesses referred to as OTP 11 and OTP 12.

The identity of the star witness — OTP 4 — has already been disclosed, they said in their latest submissions to the Chamber.

Mr Kay, a Queen’s Counsel and Ms Higgins argue that they would be in a better position to counter the evidence presented by the prosecution against their client even though the protocol providing for it were yet to be ratified.

“Notwithstanding the fact that the final protocol has yet to be issued by the Chamber, given the necessity for Defence investigations to continue immediately, the Defence seeks permission to use such material in relation to OTP-4, OTP-11 and OTP-12 for the sole purpose of legitimate Defence investigations, as there are clear grounds established herein that it would be fair and in the interests of justice to do so,” they said.

The defence teams were directed by Trial Chamber judges Kuniko Ozaki, Christine Van den Wyngaert and Chile Eboe-Osuji to file submissions by yesterday on the way they want the trial proceedings to be conducted during last week’s status conference.

Mr Kenyatta, his running mate William Ruto, former Head of Civil Service Francis Muthaura and former radio presenter Joshua arap Sang are facing charges of crimes against humanity.

In the application, they remind the judges that the three witnesses gave varying accounts regarding Mr Kenyatta’s movements and meetings he attended between November 2007 and March 2008.

“It is essential for the Defence to use such material to seek to establish the truth, and challenge the veracity of the differing accounts provided to the Prosecution,” they stated.

The lawyers were referring to the evidence by the witnesses that Mr Kenyatta, his personal assistant and Mungiki leaders met on various dates at Yaya Centre and Nairobi Club in November 2007 and at State House on November 26 where they were joined by Mr Muthaura and President Kibaki.