In dismissing the application, ICC judges noted that the Trial Chamber was not persuaded that it was impossible for a fair trial to take place.
ICC said that a stay of proceedings could only be given as a “last resort” and where the “essential conditions of a fair trial are missing and that there is no sufficient indication that this would be resolved during the trial process.”
The judges further said that the defence had demonstrated ability to investigate and compile materials which go to the credibility of Prosecution witnesses and find its own witnesses in support of its case.
They said any unfairness in the process would be dealt during the trial, including ruling over inadmissibility of materials or witness testimony.
President Kenyatta had in October applied to have ICC case against him stopped citing “serious, sustained and wide-ranging abuse on the process of the court.”
He alleged that his witnesses have been intimidated or interfered with to change their testimony “for reward”.-nation.co.ke