Facing criticism from judges and defence teams
including lawyers in the two Kenya cases, the ICC
prosecutor is set to adopt new investigation
strategies that will enable it present watertight cases
before the trial judges.
The main highlights of the new strategy include early
preparation for cases, scrutiny of evidence by
intermediaries and the security of investigators and
witnesses.
According to the plan seen by the Nation on Sunday,
the Office the Prosecutor (OTP) says it will also
expand and diversify its collection of evidence as well
as increase its number of investigators.
This, they say, will lead to the collection of more
evidence.
The strategy is informed by the desire by the ICC
judges, who in their decisions, have often asked the
prosecutor’s office to submit a substantial range of
evidence in their cases.
The judges have faulted the OTP over investigations
and warned against too much reliance on
intermediaries.
Lawyers for President Kenyatta, his deputy William
Ruto and former Kass FM presenter Joshua arap Sang
have been scathing in their attacks against Ms Fatou
Bensouda over investigations with Mr Ruto’s defence
lawyer Karim Khan blaming former prosecutor Luis
Moreno-Ocampo for shoddy investigations that he
referred to as “elemental shambles.”
He said due to the poor foundation he started, the
Kenyan cases would die due to lack of evidence and
selection of the accused persons.
President Kenyatta has also moved to have the ICC
case against him stopped citing “serious, sustained
and wide-ranging abuse on the process of the court
carried out by” three witnesses against him in
collaboration with the court’s investigators.
His lawyers, led by Queen’s Counsel Stephen Kay,
say they have “extensive evidence” that the witness
worked with investigators, described as an
intermediary, to intimidate and interfere with
potential defence witnesses.
To avoid the criticism, Ms Bensouda’s new strategy
states in part: “Given the expectation from the
judges to receive cases which are trial-ready at the
time of the confirmation hearing and with more
substantiated evidence, the office is adapting its
prosecution strategy accordingly.”

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