The Prosecutor V. Uhuru Muigai Kenyatta Case Study

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The case of The Prosecutor v. Uhuru Muigai Kenyatta is a case that had been tried on the issue of crimes against humanity regarding the 2007-2008 post-election violence in Kenya under article 7 of Rome Statutes. The case started when President Mwai Kibaki was being re-elected as president and led to series of protest, fight and demonstration. This is because it was likely that the opposite side candidate will win the election. But because of the President Mwai Kibaki used inhuman way to win the election, it causes conflict in Kenya which the supporters of Raila Odinga accused the government of electrical fraud and rejected the decision.
This case was later being referred to ICC in 2010 after failed in attempts to conduct a criminal investigation
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Francis Kirimi Muthaura and Uhuru Muigai Kenyatta consist of three judges. The judges that involved during the trial are consisting of Judge Kuniko Ozaki as the Presiding Judge, Judge Christine Van den Wyngaert and Judge Chile Eboe-Osuji.
For the first issue of the case, it is regarding to the legal basis on witness preparation in International Criminal Court. For this issue, the court held that it is neither practical nor reasonable to prohibit pre-testimony meetings between parties and the witnesses they will call to testify at the trial. This is because regarding to the article 64 of the Statute, it is stated that “The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses”. The judges refer to this article which give the judges a significant degree of discretion concerning the procedure so that the right of the victims and witnesses will be protected. In addition, the Chamber adds that the preparation of judicious witness which aimed at clarifying a witness's evidence while being carried out with full respect for the rights of the accused will help in enabling a more accurate and complete presentation of the evidence and assisted in the truth finding function of the

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