AG Githu Muigai refutes claims of hindering Uhuru ICC trial

The government has rebutted ICC prosecutors’ accusation that it was frustrating the case against President Uhuru Kenyatta by refusing to furnish all the details about him.

In a response filed before Judges Kuniko Ozaki, Robert Fremr and Geoffrey Henderson, Attorney-General Githu Muigai blamed the prosecution team for not responding to specific clarifications about the kind of information they are seeking.

“There can be no truth in its (prosecution’s) averments…that there has been inadequate progress occasioned by the government of the republic of Kenya,” Prof Githu Muigai told the Judges in a submission dated September 15.

“The said inadequate progress is as a result of the Prosecution’s failure to provide the government of the republic of Kenya with the necessary information required.”

ICC Prosecutor Fatou Bensouda and her team had asked the government to supply financial, property, tax and telephone details of President Kenyatta during the 2008 post-election violence in which 1,113 people died and more than 600,000 displaced.

President Kenyatta, then as MP, is accused of being criminally responsible as an indirect co-perpetrator for the crimes against humanity in murder, rape, forcible transfer of people and persecution of people.

INDEFINITE POSTPONEMENT

But the office of the prosecutor, who has since asked for the indefinite postponement of the case, argue that the government has given piecemeal records that would help their case against him.

Prosecution team sought President Kenyatta’s tax returns details, vehicles, company details, land and property details, mobile phone numbers as well as bank details during the skirmishes. They argue some of the transactions and communication records could boost their case.

In its defence, the government claimed the government had “fully” cooperated with requests from the Prosecutors, but was unable to give any further details because of the vagueness in the requested information.

The government has gone further in detailing the specific dates in which it responded to the requests, terming the prosecutor’s accusations as inaccurate.

Prof Muigai said that the prosecution team had not given specific mobile phone numbers to be searched because there was no legal requirement for people to register their phone numbers during the clashes.

In addition, the government says it cannot provide information about companies unless the prosecution provides the names of those companies and that there has been no land registration numbers given to help the government give details on who owns the property in question.