President Uhuru Kenyatta wants ICC to determine application to stop case against him before trial can commence

October 25th 2013e, By STANDARD DIGITAL REPORTERNairobi, Kenya: President Uhuru Kenyatta’s defence has filed an application asking the International Criminal Court ( ICC) to move the start of his trial from November 12, to a date after February 12, 2014.
In the application filled on Friday October 25 the defence cited five reasons for the request among them the need to allow the Prosecution time to investigate the facts and matters raised by Kenyatta’s defence in an application for a permanent cessation of trial against the him.
The application to stop the trial was filed on October 10 with the Defence citing that the Prosecution had abused the court process by among other things failing to collect both incriminating and exonerating evidence.

Uhuru’s lawyers also want the time between November and February 2014 to be used by the trial Chamber to hold an evidential hearing to determine the facts of the Abuse of Process Application.
The recent terror attack also features in the request for postponement with the defence saying Kenyatta needs to carry on with essential duties of presidency arising from the terrorist attack in Westgate shopping mall.
“Mr Kenyatta is currently in a situation whereby he is briefed on a continuous and daily basis by national security agencies and international security agencies in respect of relevant matters within the State and outside its borders relating to the global terrorist threat that is faced. He must make important decisions on behalf of his nation in the interests of the security of his people.” Said the lawyers.
If allowed, this would be the second time Kenyatta’s trial is postponed.
In July 9, 2013 the trial Chamber moved the trial commencement date to November 12, 2013 after noting that the Prosecution had failed to disclose significant volumes of evidence until the very last moment to the Defence.
The deadline for the Prosecution to respond to claims of abuse of process as filled by Uhuru’s lawyers is November 1, 2013 eleven days before the trial is due to commence.
Presiding Judge Robert Fremr, Judges Kuniko Ozaki and Chile Eboe?Osuji are expected to make a ruling on Uhuru’s request in due course.
Meanwhile, the victims legal representatives, the Prosecution and other involved parties are expected to file observations to the judges on the application.