Defense lawyers representing the three suspects discredited the prosecution evidence, terming it as improper. In their wordings, Ocampo’s case is built on fiction, shoddy or even non-existent investigation, and undermined by contradictions and glaring inaccuracies.

On the other hand, the prosecution team maintains that the defense witnesses were inconsistent and contradictory in their evidence.

Katwa Kigen, one of the defense lawyers argued that the prosecution did not conduct proper investigations since its evidence skipped big names such as Prime Minister Raila Odinga, who is adversely implicated in the 2007 violence.

Kigen’s evidence claims that Odinga was the head of the Orange Democratic Movement (ODM), the rival party that allegedly was at the forefront of masterminding the skirmishes yet his name is not in the list of suspects.

“Apart from the three suspects mentioned today the only other person who is mentioned is the same person that the prosecution says they have found reason not to disbelieve, who is the Prime Minister. We submit that there has not been equality in terms of investigating the suspects, because some other suspects were accorded an opportunity to clear themselves and others were not,” said the lawyer.

Another defense lawyer Kioko Kilukumi for the defense of one of the suspects, William Ruto dismissed Ocampo’s evidence saying that he conducted sloppy investigations as he relied on the Kenya National Commission on Human

Rights’ investigations.

He maintained that Ocampo did not even believe in his own evidence since he did not carry out his own investigations.

However, ICC lead prosecutor Cynthia Tai said there was no evidence ‘at this stage’ showing Raila Odinga was involved in the crimes before the court.

Leading the prosecution team, Tai also discredited the defense witnesses saying that they highly contradicted themselves. “In cases where they were asked for mere clarifications, they could not even recall the events of the days in question over the preparatory meetings of the violence.”

She also asserted that most of the witnesses presented by the defense had been implicated in the prosecution’s evidence.

The first 3 suspects summoned by the ICC for the confirmation of charges hearings are former suspended ministers William Ruto and Henry Kosgei and a radio presenter Joshua Sang.

The judges now have 60 days to rule if initial evidence presented can support crimes against humanity charges in full trial. It is expected that the ruling will be out on December 24, a day before Christmas, because the 60-day count begins on October 24, when the defense must have submitted its final written submissions.

Kenyans wait with bated breath for the ruling of the cases involving the three. Some believe that ICC Chief Prosecutor Loius Moreno-Ocampo has sufficient evidence to nail the suspects, while others maintain that he has no evidence against the three. Should the latter happen, analysts believe that Ocampo will discredit not only his name but that of the ICC.

The ICC has been criticized in the past for delay of cases involving high profile personalities such as DRC’s Laurent Nkunda. The Kenyan case is Ocampo’s acid test, in a bid to regain the court’s lost glory.

The second batch of confirmation hearings on a similar case commences on September 21.

Those in the second case are Deputy Prime Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura and Maj-Gen (Rtd) Hussein Ali, who was Police Commissioner during post-election violence.

Stern warning

Presiding Judge Ekaterina Trendafilova’s gave a stern warning to Ruto, Kosgey and Sang not to approach or intimidate any witness or victim, and not to involve themselves in any activity that could trigger or incite another wave of violence in Kenya.

According to the court rules, a breach of these conditions could lead to the judges taking such drastic action as confining the errant suspect in an International Criminal Court facility.

And legal representative of the victims Sureta Chana expressed concerns that the victims of the post election violence could be in danger since the government had failed to offer high level security and protection to victims, some of who are witnesses used by the prosecution team.

“Most victims are still living in fear and are afraid of getting involved with the ICC process.

She said Mr Kosgey even displayed his flight schedule within the country as she said it was possible for them to have traversed the country within a short period of time.

In their concluding remarks, defense lawyers urged the court not to confirm their clients’ cases since they were being wrongfully targeted.