You only need to go through the decisions above to see how mercilessly the trial chamber Judges have dismissed most defense requests prior to commencement of trials in a couple of months. They’ve been particularly firm against Uhuru and Muthaura defenses who made some ridiculous requests to the OTP regarding amendment of the Document Containing Charges. These Judges in my view, seem to hold the Confirmation of Charges decision with esteem…which should be a warning sign to the accused. The Trial Chamber Judges seem to be on the same page with Pre-Trial Chamber Judges on most contextual arguments.
Curiously, Uhuru’s defense indirectly wanted to drag in Mungiki’s Maina Njenga as a co-perpetrator in the case…but the Judges disagreed…only allowing sentimental mention of his name alongside Mungiki.
Muthaura’s defense suffered another heavy blow when the chamber agreed with Bensouda that Muthaura’s instructions to the Police weren’t necessarily made through Maj. Gen. Ali alone. The OTP looks ready to unleash a plethora of evidence showing Muthaura had other direct links to the police force ( maybe through avenues such as former AP Commandant Kinuthia Mbugua, GSU Commandant, and other senior cops), through which he could have instructed them not to interfere with Mungiki attacks. Bensouda indicated she not only gathered more evidence, but still in the process of getting more. I suspect we should brace for a very interesting bean-spilling court-room experience shortly after the first round/elections.