Uhuru Kenyatta arrived at the ICC court on Wednesday to a cheering crowd of MPs, senators, cabinet secretaries and supporters led by Nairobi senator Mike Sonko.
He made his way to the heavily guarded ICC courtroom without addressing his supporters. He said he is at the ICC in his personal capacity and not as the president of Kenya. His trial will commence at 11.30am East Africa time.
The judges said Uhuru needed to be in court to give his input as his case is at a “critical juncture”. They will seek the views of of his lawyers and the prosecution as well.
The judges will also assess the prosecution’s request to adjourn the case indefinitely and the defense’s request for the case to be terminated. Their next decision will either be to adjourn the trial for the sixth time or to terminate the case.
Though the judges will not make an immediate decision on the two issues, the proceedings will provide them with needed information.
The case has in the past been delayed with at least seven prosecution witnesses dropping out, allegedly because of bribes and intimidation.
“We are eager to know the way forward as regards this case,” Foreign Affairs CS Amina Mohamed said shortly before following Uhuru into the court building.
Prosecutor Fatou Bensouda had indicated the lack of sufficient evidence to take the case to trial.
“From an evidentiary standpoint, the situation is the same as when the Prosecution sought an adjournment of the trial date on December 19, 2013 – the available evidence is insufficient to prove Uhuru Kenyatta’s alleged criminal responsibility beyond reasonable doubt,” Bensouda said.
Bensouda also accused Uhuru and the government of not cooperating with her office and failing to give her the evidence she requires.
She said Uhuru and the government are withholding crucial information that can help her determine whether she has a case or not.
Uhuru’s lead lawyer Steven Kay has however termed Bensouda’s move a “fishing expedition” aimed at covering the investigative failures of the prosecution.
“We have had an outstanding request for a verdict of not guilty since prosecution said they lacked sufficient evidence. What we are now seeing is new games as our friends have developed cold feet and are afraid to dispose of this case,” he said.
Kay said the burden of proof lies with the prosecutor proving Uhuru’s guilt and not his client proving his innocence.
In Wednesday’s proceedings, however, the judges will not be seeking to weigh the prosecution’s evidence but to evaluate procedural issues.
Uhuru’s supporters sang and danced outside the courtroom. Most of them were in outfits of the colours of the national flag and had banners.
“Hands off our prez, he is innocent,” read one banner.
- the-star.co.ke
