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CASE TIME LINE (UP TO COURT RECESS AUG 2013) PROSECUTOR V UHURU MUIGAI KENYATTA

5 February 2008 The Prosecutor of the International Criminal Court issues a statement that he is carefully considering all information relating to crimes allegedly committed in Kenya in relation to the post-election violence of 2007-2008. 5 November 2009 The Prosecutor notifies the President of the Court of his intention to submit a request for the authorisation to start an investigation into the situation in Kenya. 6 November 2009 The Presidency assigns the situation in Kenya to Pre-Trial Chamber II (PTC II). 26 November 2009 The Prosecutor files an application to PTC II for authorisation to open an investigation into the situation in Kenya. 31 March 2010 PTC II, by majority, authorises the Prosecutor to open the investigation into the situation in Kenya in relation to crimes against humanity committed between 1 June 2005 and 26 November 2009. 15 December 2010 The Prosecutor files an application for the issuance of summons to appear for Francis Kirimi Muthaura (Muthaura), Uhuru Muigai Kenyatta (Kenyatta) and Mohammed Hussein Ali (Ali). They are suspected of crimes against humanity of murder, deportation or forcible transfer of population, rape, persecution and other inhumane acts, allegedly committed in Kenya from 30 December 2007 to 16 January 2008. 8 March 2011 PTC II summons Muthaura, Kenyatta and Ali to appear before the Court on 7 April 2011. 18 March 2011 PTC II sets a new date for the initial appearance of Muthaura, Kenyatta and Ali before the Court on 8 April 2011. 31 March 2011 The Government of Kenya files an application challenging the admissibility of the case against Muthaura, Kenyatta and Ali before the Court. The Government claims that it is undergoing a comprehensive legal and judicial reform and intends to investigate and prosecute the cases domestically. 5 April 2011 A Kenyan national and alleged victim of the 2007-2008 post-election violence, Ms Moraa Gesicho, files a request to submit observations to PTC II on the factual aspects of the allegations against Muthaura, Kenyatta and Ali. PTC II rejects the request on 12 April 2011.

CASE TIME LINE (UP TO COURT RECESS AUG 2013) PROSECUTOR V UHURU MUIGAI KENYATTA
8 April 2011 Muthaura, Kenyatta and Ali first appear before the Court. PTC II schedules the confirmation of charges hearing for 21 September 2011. 27 April 2011 The Kenyan Section of the International Commission of Jurists (ICJ Kenya) files a request to submit observations to PTC II on the national prosecutions before Kenyan courts and the admissibility of the case before the Court. PTC II rejects the request on 11 May 2011. 30 May 2011 PTC II rejects the Kenyan Governments challenge to the admissibility of the case against Muthaura, Kenyatta and Ali. PTC II finds that there are no ongoing domestic proceedings with respect of the three suspects, and finds the case admissible before the Court. The Appeals Chamber confirms the PTC II decision on 30 August 2011. 3 June 2011 PTC II requests the parties and participants to file their observations on the desirability and feasibility of holding the confirmation of charges hearing in Kenya. The participating victims express objections to holding the hearing in Kenya. 10 June 2011 No Peace Without Justice files a request to submit observations to PTC II on the desirability and feasibility of conducting the confirmation hearing on the Kenyan Territory. PTC II rejects the request on 13 June 2011. 19 September 2011 Defence for Kenyatta and Ali challenges the jurisdiction of the case before the Court. They argue that the level of organisation and structure in which the crimes were allegedly committed does not reach the required level for crimes against humanity under the Rome Statute. 21 September 5 October 2011 The confirmation of charges hearing in the case against Muthaura, Kenyatta and Ali is held in the Courts headquarters in The Hague. 23 January 2012 PTC II rejects the defences challenge to the Courts jurisdiction. It confirms all charges against Muthaura and Kenyatta, and declines to confirm charges against Ali. 29 March 2012 Trial Chamber V (TC V) is constituted and assigned the case Prosecutor v Francis Kirimi Muthaura and Uhuru Muigai Kenyatta. It is composed of Judge Van den Wyngaert, Judge Ozaki and Judge Eboe-Osuji. 9 July 2012 TC V sets the date of the commencement of the trial on 11 April 2013.

CASE TIME LINE (UP TO COURT RECESS AUG 2013) PROSECUTOR V UHURU MUIGAI KENYATTA
24 August 2012 The Civil Society Organisation Network (CSO Network) files a request to submit observations to TC V on victims participation in the proceedings. TC V rejects the request on 13 September 2012. 3 October 2012 TC V sets up a new procedure for victims participation in the case against Muthaura and Kenyatta. Only victims who wish to actually appear in court now need to submit a written application, while victims who wish to participate in absentia through a common legal representative will be subject to a much less rigorous registration procedure. A total of 233 victims are allowed to participate in the proceedings. 23 November 2012 Kituo Chia Sheria (Centre for Legal Aid Empowerment) files observations on victims participation and representation. 3 December 2012 Defence for Muthaura files a request to TC V to hold the trial in Kenya or, alternatively, at the premises of the International Criminal Tribunal for Rwanda in Arusha, Tanzania. The defence argues that holding the trial in Kenya or Tanzania would minimise the disruption to the public and private lives of the defendants, facilitate investigations and bring justice closer to the Kenyan population. 2 January 2013 TC V permits the parties to prepare witnesses before their testimony. Judges adopt a Witness Preparation Protocol, which sets out a complete list of permitted and prohibited conduct of the parties and their witnesses during the preparation. 8 January 2013 Kenya Human Rights Commission files a request to submit observations to TC V on the disclosure of the identities of prosecution witnesses. TC V rejects the request on 1 February 2013. 7 February 2013 Victims file their observations on the possibility of holding the trial in Kenya or Tanzania. Victims express their opposition to holding the trial in Kenya due to safety concerns and potential interference with the court process. The majority of victims prefer the trial to be held in The Hague. 28 February 2013 Defence for Kenyatta files a request to TC V to authorise the accused to be present at trial via video link technology, on occasions to be determined on a case-by-case basis. The Prosecutor objects the request on 22 March 2013, arguing that the Rome Statute does not provide a legal basis for the accuseds appearance via video link and that to do so would be contrary to the interests of justice.

CASE TIME LINE (UP TO COURT RECESS AUG 2013) PROSECUTOR V UHURU MUIGAI KENYATTA
7 March 2013 TC V postpones the commencement of the trial to 9 July 2013 to allow the defence more time to prepare. 11 March 2013 The Prosecutor withdraws charges against Muthaura. The Prosecutor states that a critical witness against Muthaura recanted a significant part of his evidence and was dropped from the witness list. Many other potential witnesses have been killed or died, and others were unwilling to testify. The Prosecutor also notes that the Government of Kenya has provided only limited cooperation to the Prosecution, and has failed to assist it in uncovering crucial evidence against Muthaura. 26 April 2013 Judge Van den Wyngaert of TC V is replaced by Judge Fremr. 10 May 2013 The Prosecutor files observations on the Kenyan Governments cooperation with the OTP. The Prosecutor notes that some of the most critical documents and records which the OTP has requested from the Government have remained outstanding for one to three years, despite the Prosecutors repeated efforts. The Government of Kenya denies allegations of non-cooperation. 21 May 2013 The Presidency dissolves TC V and constitutes Trial Chamber V(a) (TC V(a)) and Trial Chamber V(b) (TC V(b)). The case against Kenyatta is assigned to TC V(b), composed of Judge Ozaki, Judge Fremr and Judge Eboe-Osuji. 20 June 2013 TC V(b) postpones the commencement of the trial to 12 November 2013. 16 July 2013 The Prosecutor notifies TC V(b) of the withdrawal of three prosecution witnesses. Two witnesses have informed the Prosecutor that they were no longer willing to testify, and the testimony of the third witness was deemed no longer necessary by the Prosecutor.