Attorney General Githu Muigai has accused ICC Prosecutor Fatou Bensouda of dishonesty while seeking an adjournment in the case against President Uhuru Kenyatta.
While dismissing claims of non-cooperation by Bensouda, Muigai has sought permission from the judges to respond to the prosecutor.
In his filing, Muigai has outlined information that he passed on to Bensouda between August 22 and 28, days before she filed her request for indefinite adjournment.
According to the AG, Bensouda has information on Uhuru’s company records, motor vehicle records, telephone records, security and intelligence records, income tax and value added tax returns records, bank accounts and foreign exchange transaction records.
He now wants the court to allow him to respond to Bensouda’s submission that the government has continually failed to cooperate fully with her requests for critical information.
“The Government of the Republic of Kenya believes that the responses and clarifications it will make, if the Trial Chamber grants it leave, will meaningfully assist the Trial Chamber in appreciating the measures of cooperation given by the Government of the Republic to the Prosecution,” Muigai said.
On Wednesday, Uhuru’s lawyer Steven Kay terminated the case and made a final decision on the charges against the President.
Kay said it is now clear that the prosecution has failed in its responsibility to conduct investigations and this burden should not be placed on the defence.
“The Defence submits that the Chamber is now in a position to make a final decision on the charges. In this regard, the Defence refers the Chamber to its previous submissions on this issue,” Kay said.
In the previous submissions, Kay told the court that Bensouda was just stalling and had no case having admitted that she had no evidence to sustain the case.
“The Prosecution seeks to have the proceedings, against a man in respect of whom it has no credible case, adjourned sine die (indefinitely), even though the cause of the charges is known to be false,” Kay said in his filing.
