The President said failure by International Criminal Court Prosecutor Fatou Bensouda to disclose the screening notes to his team, support his earlier submission that his case must either be terminated or referred back to the Pre-Trial Chamber for reconsideration.
In a new application, President Uhuru maintained that evidence disclosed to him on April 17 regarding Witness 11 contains information that calls into question the fairness of the proceedings.
He noted that certain passages of the screening transcript are capable of supporting the argument that OTP-11 and OTP-12 fabricated their testimony to nail him.
“Certain passages of the screening transcript are capable of supporting the argument that OTP-11 and OTP-12 fabricated their accounts, and that, following the defence’s refusal to cooperate with their extortion attempt, they colluded in order to devise a story falsely implicating Mr Kenyatta in the post-election violence,” his counsels Steven Kay and Gillian Higgins said.
Uhuru had complained during the Pre-Trial hearings that the two witnesses had attempted to extort money from him and only turned to the prosecution when their extortion attempts failed.
Retaliatory attacks
In the new submission, Uhuru said the transcript contradicted critical prosecution evidence, which significantly weakens his case.
He said for example from the transcripts of the two witnesses, it is clear they concocted their accounts together in regard to the alleged State House meeting where retaliatory attacks were allegedly planned.
Recently, Bensouda said her office did not rely on the testimony of Witness 4 regarding the alleged State House meeting adding that Witness 11 directly linked Uhuru to the meeting.
But Uhuru insisted that from the witness statement, the said witness admitted that he was unable to tell “exactly what they talked in State House”.
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