The Star (Nairobi)

8 March 2013

Kenya: ICC Plans Status Conference for Uhuru

THE International Criminal Court will hold a status conference in the case against Jubilee presidential candidate Uhuru Kenyatta and former Cabinet Secretary Francis Muthaura on Monday.

In a Tuesday order, the Trial Chamber V judges said the purpose of the hearing is for them to receive additional information on applications by Uhuru and Muthaura defense teams challenging the validity of the Confirmation Decision which they want referred back to the Pre-Trial Chamber.

"In accordance with Rule 132(2) of the Rules of Procedure and Evidence, a status conference shall be held on March 11, from 12-13.30 and 14-16.00," the order read in part.

Prosecutor Fatou Bensouda and the lawyers representing the two have been asked to submit their views in writing by noon tomorrow.

"The prosecution and the defense should be in a position to make oral submissions in response to the other parties' written submissions and related questions the Chamber may have on the relevant filings," said the judges.

Uhuru and Muthaura are required to justify whether the request falls in the jurisdiction of the favour at this point before trial. Bensouda has agreed that the case against Muthaura could be referred back to the Pre-Trial Chamber but opposed Uhuru's request and now the judges want her to justify this.

She is also required to provide the detailed accounts of the Prosecution's pre- and post-confirmation investigation and the amount or proportion of the witnesses or materials produced as a result of post-confirmation investigation which the prosecution intends to use at the trial.

Uhuru and Muthaura are accused of having masterminded the 2007-08 post-election violence. Their trial is set to begin on April 11.

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