ICC proceedings.

[RV Pundit]

Yes on matters law..he tied himself well. Now he'd hope this will be rejected on matters facts.

I think that Kay Stay request will return to haunt him

[Omollo]

Now he is asking for a ruling. The idea being to invoke double jeopardy. Its a waste of time.

Yes on matters law..he tied himself well. Now he'd hope this will be rejected on matters facts.

I think that Kay Stay request will return to haunt him

[RV Pundit]

Judge: Mr kay, You seek the final judgement. Do you seek a verdict of not guilty to be entered.
Kay: Uhuru's entitled to verdict because the first day of trial..bla de bla..sounds like political statement..they are entitled to a verdict of n guilty.

[RV Pundit]

Mr kay is asked for any legal grounds for asking for verdict. He says there are many case loads and jurisprudence esp in commonwealth.

[Omollo]

No trial has taken place. Not a single witness. A court can only enter a "verdict" upon trial and examination of evidence. I doubt that he can back up the application. At least one witness must have testified

[Omollo]

Mr kay is asked for any legal grounds for asking for verdict. He says there are many case loads and jurisprudence esp in commonwealth

I doubt that is relevant. He is fudging

[RV Pundit]

Negro judge: Yes common law in domestic cases...there is jurisprudence esp given DPPs are in charge but in ICC it quite different.
Kay: Say no; the process is the same.

[RV Pundit]

Mr kay: Say the trial chambers have oversight role on prosecution; you have the admission of the insufficiency of evidence from otp; you have issues on cooperation which will look at; in his view the case has failed; and if the prosecution doesn't terminate; you ought to terminate.

Negro Judge: OTP do not have full investigative powers..they relie on cooperation.
Mr Kay: They cannot hide behind a fig leaf of cooperation....that this is not our fault that we didn't get our evidence....

[RV Pundit]

Mr Kay: Whatever the structure...of OTP..the quality is what matters.

[RV Pundit]

Jap Judge; One small clarification from Mr Gaynor; you mention something [lost in japanase english]

Something on fillings.....provide ASP with big file of all these..so they might help my victims..please.

[RV Pundit]

Finally: It is over. Make written submission.

[RV Pundit]

There will be another session after lunch breaking to discuss god knows what.

[Omollo]

Asante bro Pundit. I was caught up in a meeting. Your posts brought me up to date haraka.

[anarchista]

Looks like it's boiling down to credibility of ICC

OTP and victims lawyer essentially admitted the case is not going anywhere. The evidence is out there somewhere. Victim lawyer comparison with Nixon was a killer given that Nixon was guilty as hell. And basically saying GoK and Uhuru as President is one thing. Biggest problem for Uhuru is money trail. Witnesses can vanish but money trail remain. OTP want to tie that down to phone records. They have the details but no evidence to back it up.

Kay on the other hand saying there isnt any evidence, 5 years or 10 years you won't find nada. We've given you all the files. Thought there was subtle reference to cooperation there re: DPORK trial is ongoing.

Perceptions. Without saying so, the judges understand GoK is uncooperative. OTP actually asked how to make them cooperate (AG has done Uhuru a turn here) and why proceed if that condition is not met?

If ICC kick the case out, the main reason will be GoK unco-operation. Politically I don'y see that happening or instead marking time until GoK and Uhuru are not synonymous. Re: Taylor.

Overall just a charade. Uhuru could have  done a video link. When they have Blair or Bush in the dock, I'll sit up and listen

[RV Pundit]

Did anything happen in the afternoon.

I see the case being postponed for a limited period to allow OTP to explore other options including ASP of getting the required evidence.

[Omollo]

Did anything happen in the afternoon.

I see the case being postponed for a limited period to allow OTP to explore other options including ASP of getting the required evidence.

I agree.

Being president has now become the impediment to his freedom. Had he not been in control of the Kenya Government, he would be a free man.

Did Githu Muigai actually believe he could be a "friend" of the court in a case where he has announced that only the President can fire him? In a case where the court has determined that the GoK is not all that "friendly"? That man is an international joke.

[RV Pundit]

Omollo, I missed Prof Githu. Yes he is now a joke in icc corrindor. He need to hire lawyers to rep gov. Lawyers without conflict of interest. Same way the DPP hired Paul Muite to prosecute his friend Wambua of LSK.

[Kim Jong-Un's Pajama Pants]

Did anything happen in the afternoon.

I see the case being postponed for a limited period to allow OTP to explore other options including ASP of getting the required evidence.

I agree.

Being president has now become the impediment to his freedom. Had he not been in control of the Kenya Government, he would be a free man.

Did Githu Muigai actually believe he could be a "friend" of the court in a case where he has announced that only the President can fire him? In a case where the court has determined that the GoK is not all that "friendly"? That man is an international joke.

Omollo,

That's debatable.  One could argue that witnesses would be less intimidated if he were not President.  Ultimately, for a guilty man, like kamwana, I think the Presidency provides a better lifeline.

[Omollo]

Omollo, I missed Prof Githu. Yes he is now a joke in icc corrindor. He need to hire lawyers to rep gov. Lawyers without conflict of interest. Same way the DPP hired Paul Muite to prosecute his friend Wambua of LSK.

I need to confirm. Somebody called me to say The Mortician had his application to be a "Friend" of the Court rejected. Aparantly these judges had read what Osuji had written about him and basically would have entertained "an Enemy of the Court" application slightly better. He again got hot water thrown in his face and the door firmly shut.

I hear Ole Lenku who banned Raila's welcome rally for a few hours before he was overruled, has appealed to Kenyans to descend on Jomo Kenyatta Airport to welcome Uhuru. Now is that not playing politics by a state officer constitutionally barred from such actions? Slowly Uhuru is watering down the constitution that he never believed in at all in the first place.