International court to decide future of Kenyan president trial <http://www.reuters.com/> Description: ReutersBy Thomas Escritt | Reuters 19 minutes ago
By Thomas Escritt
AMSTERDAM (Reuters) - The fate of the politically fraught trial of Kenyan
President Uhuru Kenyatta could be decided on Wednesday, when prosecutors at
the International Criminal Court plead for more time.
Kenyatta's lawyers hope the case will be thrown out, putting an end to a
trial that has driven a wedge between African countries - which criticise
the ICC for targeting their continent - and the court's Western backers.
The Kenyatta trial is crucial to the ICC, which has secured only one
conviction and suffered a string of collapsed cases since it was set up 11
years ago. Kenya says the court risks destabilising east Africa if it
presses on with the charges.
Western countries, while keen to back the ICC, are also anxious to maintain
relations with Kenya, seen as a key ally in the battle against militant
Islamism in neighbouring Somalia.
Kenyatta is charged with crimes against humanity during the violence that
swept Kenya six years ago, when 1,200 died and thousands were driven from
their homes. He denies the charges.
ICC prosecutors say he orchestrated the clashes, but their case has been
weakened by the withdrawal of a string of witnesses since charges were first
brought four years ago.
The trial had been due to start on Wednesday, but was postponed for a fourth
time last month when prosecutors said another witness had withdrawn, and
requested more time to gather evidence.
Prosecutors say their witnesses have been blackmailed or intimidated into
withdrawing.
In a January 31 court filing, prosecutors said a "climate of fear" had
weakened their case against Kenyatta, and said judges should rule that Kenya
was in breach of its obligation to help the court's investigators.
LAST-DITCH ATTEMPT
"Several individuals with information relevant to the case refused to agree
to be included on the prosecution's witness list due to fears that they or
their family members would be targeted," prosecutors said in the filing.
The case has grown only more controversial throughout Africa since Kenyatta,
the son of his country's founder, won a presidential election last year on a
joint ticket with William Ruto, his deputy, who is on trial on similar but
separate charges.
Following his victory, Kenyatta used his position as leader of East Africa's
economic powerhouse to rally African Union allies in a diplomatic push to
have the United Nations Security Council defer the case against him.
Although that bid was unsuccessful, the ICC's 122 member states did agree to
change court rules to make it easier for heads of state facing charges to
give evidence by video link.
Prosecutors say authorities have obstructed attempts to interview police
officers, and have given investigators only limited access to phone records
crucial to building their case.
"Kenyatta's statements in which he accused the court of being 'the toy of
declining imperial powers' engaged in 'bias and race-hunting' and the
(Kenyan government's) multi-faceted campaign to derail the ICC process on
the diplomatic front suggest a lack of willingness to co-operate," they
wrote.
But Kenyatta's lawyers dismissed the prosecution request for extra time,
labelling it a "last-ditch attempt ... to obtain fresh evidence in a failed
case," and said judges should throw out the charges against their client.
Thé Mulindwas Communication Group
"With Yoweri Museveni and Dr. Kiiza Besigye Uganda is in anarchy"
Kuungana Mulindwa Mawasiliano Kikundi
"Pamoja na Yoweri Museveni na Dk. Kiiza Besigye Uganda ni katika machafuko"
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