Bensouda given trial ultimatum over President Uhuru Kenyatta's ICC case

International Criminal Court judges have given Prosecutor Fatou Bensouda six days from Friday to confirm whether she is ready to have the trial of President Uhuru Kenyatta commence on October 7.

Judges Kuniko Ozaki (presiding), Robert Fremr and Geoffrey Henderson ordered Ms Bensouda to furnish them with information by September 5 on her readiness to proceed with the trial.

If Ms Bensouda indicates that she is not ready to start, there is the possibility that she could ask for more time, or that a window would open for President Kenyatta to file for dismissal of the case.

“Noting the importance of timely and efficient preparations and in order to provide the necessary guidance for parties and participants, the Chamber orders the prosecution to file a notice confirming whether it anticipates being in a position to start trial on the provisionally scheduled commencement date of October 7, 2014,” the order stated.

The order also requires the legal defence teams of President Kenyatta and victims of the post-election violence to file responses to the prosecution’s filing, if any, by September 10.

The ICC, in its March 31 decision on prosecution’s applications for a finding of non-compliance and for adjournment of the initial trial date had set October 7 as the provisional date for the commencement of the trial.

The provisional date was, however, heavily dependent on whether Ms Bensouda receives and analyses fresh evidence, President Kenyatta’s financial and property records, which her office had requested from the government.

So far, the government has only submitted President Kenyatta’s motor vehicle records during the period in question, telephone numbers used by the Head of State and bank records.

IRRELEVANT ISSUES

The rest of the items on the prosecution’s list, Attorney-General Githu Muigai has argued, are neither relevant nor necessary to the charges facing President Kenyatta, who is accused of having sponsored attacks against non-PNU supporters in the 2007/8 post-election violence. 

Ms Bensouda is demanding records of companies and properties owned by Mr Kenyatta. She also wants income tax and VAT returns and motor vehicle records that were registered in his name, companies or associates.

The prosecution also wants records of bank accounts held by Mr Kenyatta and his associates, foreign exchange transaction records, telephone records, as well as data on M-Pesa transaction between June 1, 2007 and December 15, 2010.

Ms Bensouda also seeks security and intelligence information records from the National Intelligence Service relating to Mr Kenyatta’s activities before and after the 2007/8 post-election violence.