The case against President Uhuru Kenyatta at the International Criminal Court may be postponed yet again after the Chief Prosecutor Fatou Bensouda applied for a three-month adjournment to allow her conduct more investigations.

In an application filed at the Trial Chamber V (B), Ms Bensouda wants the case, which was supposed to start on February 5 next year postponed to May, citing lack of sufficient evidence.

“The proposed adjournment until May 2014, would enable the prosecution to conduct additional investigative steps including those not previously open to the prosecution to determine whether a case can be presented to the Chamber that establishes accused’s guilt beyond reasonable doubt,” said Ms Bensouda in her application.

The request for adjournment, Ms Bensouda added, had been prompted by the withdrawal of a key witness and the giving of false evidence by another.

“P-0012 recently admitted that he provided false evidence regarding the event at the heart of the prosecution’s case against the accused. Separately P-0011 has informed the prosecution that he is no longer willing to testify at trial,” she added.

President Uhuru’s case was initially scheduled to start in November but was postponed to February next year, following an application by his defence team.

“For these investigative steps to produce evidence shedding light on key allegations in this case is critical,” said Ms Bensouda. However, she said the investigations must be pursued in accordance with the law so that perpetrators of Kenya’s post-election violence are brought to book.

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