ICC prosecution cannot locate any land owned by President Uhuru Kenyatta in Kenya because of the ongoing re-organization of the land registry, ICC has been told.
During an ongoing status conference, the prosecution told Judges hearing the case that Lands Cabinet Secretary Charity Ngilu told them that she’s is re-organizing her ministry’s records.
Attorney General Githu Muigai agreed with the prosecution assertion that Ngilu could not provide the land records as requested.
Githu said prior to 2009 records in land registry were maintained manually.
The victims lawyer Fergal Gaynor seemed surprised by the lack of of the records and the explanation given.
“If it is government position that Kenyatta does not own any land, millions of Kenyans will be extraordinarily surprised,” said the Victims lawyer.
When the judges questioned the progress of getting Uhuru’s records, the prosecution responded that they had received none and proceeded to explain.
The prosecution had also asked for records of Uhuru’s companies. The records have not been availed.
“We intent to continue cooperating within the limitations of the law of Kenya,” AG Githu Muigai assured the court.
Kenyatta Defence wondered why prosecution wanted the company records.
“What on earth is the relevance of the company records to the post-election violence in Kenya?”
“As far as I am aware, not a single witness has said ‘a company did this’ or ‘a company did that’ in the PEV,” said defence lawyer
The victims lawyer said Kenya government’s “nominal cooperation” with ICC may stall the case.
Githu complained that the prosecution was loading it on government to do its work.
“The prosecutor cannot outsource to us the work of investigators,” he said.
Presiding Judge Kuniko Ozaki then warned participants against “emotional” and “provocative” language at the conference.