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The trial of Uhuru Kenyatta before the ICC

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The trial of Uhuru Kenyatta before the ICC Trial Chamber V(b) to start on 5 February 2014.

Situation: The Republic of Kenya

Case: The Prosecutor v. Uhuru Muigai Kenyatta

Today, 31 October 2013, Trial Chamber V(b) of the International Criminal Court (ICC) decided to postpone the trial’s commencement in the case against Uhuru Muigai Kenyatta to 5 February 2014.

The Chamber noted that both the Defence and the Prosecutor are in agreement on postponing the trial date until February 2014. On 24 October 2013, Mr Kenyatta’s Defence had requested the Chamber to vacate the initial date of 12 November 2013. The Prosecution accepted that certain factual matters raised by the Defence merited further investigation and submitted that additional time would allow it to present its evidence, namely witnesses’ testimony, in a logical and coherent sequence.

Noting the interest of justice, the fairness and expeditiousness of the proceedings and, in particular, victims and witnesses, the Chamber expressed its deep regret that repeated adjournments of the trial have been necessary because one or both parties have required more time to prepare. The Chamber urged both parties to accelerate their preparation in order to ensure that no further postponements are required.

Background

Mr Kenyatta is charged, as an indirect co-perpetrator, with five counts of crimes against humanity consisting of murder, deportation or forcible transfer, rape, persecution and other inhumane acts allegedly committed during the post-election violence in Kenya in 2007-2008. Charges were confirmed on 23 January 2012, and the case was ultimately committed to trial before Trial Chamber V(b).

In the context of the Kenyan situation, two other cases are currently before the ICC: The Prosecutor v. William Samoei Ruto and Joshua Arap Sang, and The Prosecutor v. Walter Osapiri Barasa.

The International Criminal Court is an independent, permanent court that tries persons accused of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression.

 

Decision adjourning the commencement of trial

 

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