28 February 2013

ICC Kenyatta case begins to crumble

News out of Kenya in the last couple of days suggests that the International Criminal Court's case against Kenyan Presidential contender Uhuru Kenyatta is beginning to unwind.

Firstly, the prosecutor has asked the court to put back the trial until August to give them more time to prepare.  

And secondly, they have referred the case against the former Head of Kenya's Civil Service Francis Muthaura back to the pre-trial chamber due to a key witness being found to be too unreliable for use as a prosecution witness in the upcoming trial.

But strangely the prosecutors haven't done the same for Kenyatta - even though Muthaura's and Kenyatta's cases are in effect the same case.  The key witness who is now too unreliable for Muthuara is the same (and only) key witness for Kenyatta too. 

Lead defence counsel for Kenyatta - Stephen Kay QC - said, “Mr Kenyatta and Mr Muthaura are the defendants in the same case. Therefore, if the Prosecutor has found the case against Mr Muthaura so weak that it must be returned to the pre-trial chamber for re-examination, so it must be done for Mr. Kenyatta."

The FT today also covers the case.

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