Ocampo 4 summoned to The Hague in June

Photo/FILE From left: Eldoret North MP William Ruto, Deputy Prime Minister Uhuru Kenyatta, former head of civil service Francis Muthaura and radio presenter Joshua arap Sang.  

The trial preparations of the four Kenyans facing charges at the International Criminal Court kicks off in earnest on June 12 when the accused and their lawyers are scheduled to gather at The Hague for a preparatory conference.

A source familiar with the trial preparations told the Sunday Nation from The Hague that trial judges have notified the parties to attend the status conference during which the rules of engagement will be defined including procedural matters and sequence of proceedings.

The status conference lays ground for the trial proper whose date would depend on the issues raised and efficiency of the parties.

The court’s decision is likely to dampen the spirits of President Kibaki who is engaged in a last ditch effort — both at home and abroad — to stop the proceedings at The Hague-based court.

It comes barely two weeks after he indicated to Parliament the government’s determination to set up a local court to try those suspected to have sponsored the 2008/9 violence.

Days later, the President secured a resolution by the East Africa Community for the expansion of the jurisdiction of the East Africa Court of Justice to handle the Kenyan cases.

During the conference, judges will set a timetable for the start of trials and disclosure of witnesses and evidence between the prosecutor and defence. The accused have an option of attending the conference in person.

Mr Karim Khan, who is leading Mr Muthaura’s defence team, on Saturday confirmed the summons and said he would attend the conference with members of his team.

However, he was no-committal on whether his client will be present. “It is a usual court occurrence during which issues are agreed upon relating to evidence, procedure and sequence of the proceedings. Attendance of the accused at status conferences is optional,” he said in a phone interview.

The Muthaura defence includes Mr Ken Ogeto of the Kenyan Bar, Malaysian Shyamala Alagendra and Mr Essal Faal from The Gambia while Mr Kenyatta is represented by British lawyers Steven Kay and Gillian Higgins.

A lawyer who spoke under the cover of anonymity said by the decision, the ICC had “called the government’s bluff”. “The ICC is testing the government and suspects’ commitment to co-operate with the court,” he said.

Explaining the significance of the conference in a recent conversation, ICC spokesman Fadil Abdallah said it is largely a house keeping affair.

“The parties will present their observations to the chamber on their preparedness, which will review them and establish a timetable for trials proper,” he said.

Commenting on Saturday, Senior Counsel Paul Muite advised Mr Ruto and Mr Uhuru to review their defence strategy and composition of their lawyers.

“They should have faith in Kenyan lawyers because they understand the history and context of the case,” he said citing the success of Tinderet MP Henry Kosgey and Maj (Gen) Hussein Ali’s during the confirmation of cases hearings.