Lawyers for Kenyan president Uhuru Kenyatta asked the International Criminal Court to acquit him of crimes against humanity charges for a lack of evidence.<\/p>\n
Mr Kenyatta (52) today attended the second day of a status conference at The Hague-based court to determine whether to give the prosecution more time to collect potential evidence it says is being withheld by the Kenyan government, or possibly halt the case.<\/p>\n
The president, who was charged by the ICC before he came to power last year, denies accusations that he organized ethnic clashes following a presidential poll in December 2007, which resulted in the deaths of more than 1,100 people.<\/p>\n
The status hearing has ended and a ruling will be announced at a later date, ICC spokesman Fadi El Abdallah said.<\/p>\n
\u201cThere is a possibility of the case collapsing if the judges don\u2019t see a realistic chance of the prosecutor getting evidence,\u201d said Njonjo Mue, programme adviser at the non- governmental group Kenyans for Peace With Truth and Justice, by phone from the capital, Nairobi.<\/p>\n
The case has been delayed several times as ICC chief prosecutor Fatou Bensouda said prosecution witnesses recanted their testimony and were intimidated.<\/p>\n
Prosecution lawyer Benjamin Gumpert reiterated today that the Kenyan government hasn\u2019t cooperated with requests for possible evidence, including handing over Mr Kenyatta\u2019s bank and phone records.<\/p>\n
There\u2019s no sign Mr Kenyatta himself is behind the delays, he said.
\nIndefinite suspension<\/p>\n
The prosecution wants an \u201cindefinite adjournment\u201d until the state cooperates with the investigation, Mr Gumpert said. It would be \u201cpointless\u201d to set another fixed trial date because the state hasn\u2019t delivered in the six months it\u2019s been given.<\/p>\n
Abandoning the charges would \u201cshow that if a country sticks out long enough, the case will go away,\u201d said Mr Gumpert. \u201cThis would be a disastrous interpretation.\u201d<\/p>\n
Kenyan attorney-general Githu Muigai said yesterday the East African nation had aided requests for information to the best of its ability and the government will consider more detailed demands as they are submitted.<\/p>\n
While the government is cooperating, the prosecution has been searching for evidence that doesn\u2019t exist and isn\u2019t satisfied by \u201cnegative answers\u201d to its enquiries, Steven Kay, Mr Kenyatta\u2019s lawyer, said at today\u2019s status conference.<\/p>\n
The defense is seeking an \u201cacquittal,\u201d said Mr Kay. \u201cIf there was evidence we would have a trial.\u201d<\/p>\n
Mr Kenyatta, in a rare address in parliament this week, said he\u2019s attending the hearing in his personal capacity and the case won\u2019t infringe on national sovereignty. Mr Kenyatta didn\u2019t give remarks during today\u2019s status conference at the ICC.<\/p>\n
Acting president<\/p>\n
Kenyan deputy president William Ruto, who is serving as acting president in Mr Kenyatta\u2019s absence, is also facing crimes against humanity charges related to the 2007-08 post-election violence. His case is currently being heard by the court. He denies the charges.<\/p>\n
The ICC also has the option of reporting the concerns to the Assembly of States Parties, a body of ICC members, which could refer the matter to the United Nations Security Council, Mr Mue said.<\/p>\n
\u201cVictims have waited for justice for a long time and it\u2019s important for them to see the person who is accused of the crimes being held to account,\u201d Mr Mue said. \u201cKenyatta going to The Hague can at least show impunity has reduced, and can start a process of closure.\u201d<\/p>\n
The trial should be suspended until Mr Kenyatta\u2019s term as president ends to allow him to focus on domestic priorities, including fighting Islamist militancy, Intergovernmental Authority on Development executive secretary Mahboub Maalim said today.<\/p>\n
Somalia-based al-Shabaab militants killed at least 67 people in a gun-and-grenade attack on the Westgate Mall in Kenya\u2019s capital, Nairobi, a year ago.
\n\u201cThis is no time to weaken a country and weaken a region by removing its president for trial,\u201d said Mr Maalim.<\/p>\n
Bloomberg<\/p>\n","protected":false},"excerpt":{"rendered":"
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