The International Criminal Court (ICC) prosecutors suffered a major blow on Wednesday, April 27, after trial Judge, Maria Samba, rejected an application to add more evidence against lawyer Paul Gicheru.
The lawyer is accused of corruptly influencing witnesses in cases relating to the 2007-2008 Post Election Violence (PEV) - charges he initially pleaded not guilty to.
Prosecutors wanted the trial Judge to allow them introduce more evidence without introducing witnesses for corroboration.
In their argument, the prosecution detailed that the new evidence was necessitated by the findings of the cross-examination of witness P-0730.
Gicheru, through his lawyers, argued that the case had already been closed and it would be unfair to introduce new evidence, a few days after the defence opted not to challenge the allegations levelled against him.
Justice Samba, while making her ruling, noted that the prosecution wanted to use call records dating back to 2014.
“The Chamber finds that the prosecution is barred from submitting the items.
“Accordingly, the items are not recognised as formally submitted,” the Judge stated.
“The Chamber is not persuaded that only following the cross-examination of witness P-0730 the existence and significance of the call data records have been placed in issue,” she added.
Gicheru and his lawyers, prior to the case being closed, told the court that they would not put up a defence against the evidence presented by the prosecution in the crimes trial against Deputy President William Ruto at the International Criminal Court (ICC).
The development meant that Judges will only use the evidence and testimony of witnesses called to the stand.