ICC to adopt new probe strategies

Facing criticism from judges and defence teams including lawyers in the two Kenya cases, the ICC prosecutor is set to adopt new investigation strategies that will enable it present watertight cases before the trial judges.

The main highlights of the new strategy include early preparation for cases, scrutiny of evidence by intermediaries and the security of investigators and witnesses.

According to the plan seen by the Nation on Sunday, the Office the Prosecutor (OTP) says it will also expand and diversify its collection of evidence as well as increase its number of investigators.

This, they say, will lead to the collection of more evidence.

The strategy is informed by the desire by the ICC judges, who in their decisions, have often asked the prosecutor’s office to submit a substantial range of evidence in their cases.

The judges have faulted the OTP over investigations and warned against too much reliance on intermediaries.

Lawyers for President Kenyatta, his deputy William Ruto and former Kass FM presenter Joshua arap Sang have been scathing in their attacks against Ms Fatou Bensouda over investigations with Mr Ruto’s defence lawyer Karim Khan blaming former prosecutor Luis Moreno-Ocampo for shoddy investigations that he referred to as “elemental shambles.”

He said due to the poor foundation he started, the Kenyan cases would die due to lack of evidence and selection of the accused persons.

President Kenyatta has also moved to have the ICC case against him stopped citing “serious, sustained and wide-ranging abuse on the process of the court carried out by” three witnesses against him in collaboration with the court’s investigators.

His lawyers, led by Queen’s Counsel Stephen Kay, say they have “extensive evidence” that the witness worked with investigators, described as an intermediary, to intimidate and interfere with potential defence witnesses.

To avoid the criticism, Ms Bensouda’s new strategy states in part: “Given the expectation from the judges to receive cases which are trial-ready at the time of the confirmation hearing and with more substantiated evidence, the office is adapting its prosecution strategy accordingly.”