The Road to Kenya’s ICC Trials:


September 3, 2012: First joint prosecution/defence filing on agreed facts about non-contentious issues.

October 16, 2012: Prosecution to file ex parte (Chamber and Victims and Witnesses Unit only) provisional list of witnesses to be relied on at trial and list of evidence.

October 31, 2012: Prosecution report on joint instruction of experts.

January 9, 2013:  The prosecution is to provide its witness list, which should include a bullet-pointed summary of the main facts on which each witness is expected to testify, an indication of the estimated length of time required for each witness and the total time for the presentation of the prosecution case, in hours. The prosecution is also to file its list of evidence to be relied on at trial.

January 9, 2013: Prosecution to have completed disclosure to the defence of all incriminatory material in the form of witness statements and any other material to be relied on at trial.

January 9, 2013: Prosecution to file pre-trial brief explaining its case with reference to the evidence it intends to rely on at trial. The pre-trial brief should contain, for each count, a summary of the relevant evidence of each witness to be relied on at trial and all other evidence upon which the prosecution intends to rely, and shall clearly explain how the evidence relates to the charges.

February 11, 2013:  Prosecution disclosure to the defence of identities of witnesses in the ICCPP.

February 14, 2013:  Disclosure of the reports of any expert witness who will be called during the prosecution case.

March 8, 2013: The prosecution and the defence teams for both accused are to liaise with a view to reaching agreement of facts as well as the authenticity of evidence.

March 12, 2013: Prosecution disclosure to the defence of identities of non-ICCPP prosecution witnesses with security concerns who have been the subject of an application for delayed disclosure.

April 10, 2013: Commencement of trial against in the case William Ruto and Joshua Sang

April 10, 2013: Commencement of trial in the case against Uhuru Kenyatta and Francis Muthaura

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