Uhuru Kenyatta is scheduled to stand trial at the International Criminal Court (ICC) in The Hague from November this year. The current president of Kenya is facing charges for crimes against humanity in Kenya’s post election violence of 2007/2008. Kenyatta’s defense team requested the Court to terminate the charges against him or to send the case back to the pre-trial stage. The application is founded on the argument that the prosecution’s failure to disclose potentially exculpatory evidence makes a fair trial for Kenyatta impossible.
In its decision of April 26, the Court dismissed the defense request on the ground that the failure of the prosecution to disclose evidence had not materially impacted the decision to confirm the charges against Kenyatta. The Court opined that the defense application therefore constitutes an impermissible attempt to have the chamber effectively entertain an appeal on the confirmation decision. The Court however admonished the prosecution conduct and required from the prosecutor to conduct a complete review of its case file and certify before the Court to ensure that no other materials remain undisclosed to the defense.