Right after Witness Number 4 withdrew his testimony, claiming that he had been coerced into witnessing and placing Uhuru Kenyatta in a meeting with Mungiki Leaders, Uhuru’s lawyers filed and application to have his case taken back to pretrial citing the fact that the prosecution had relied heavily on witness number 4 testimony to solidify their charges against Mr Uhuru, and with the witness withdrawal then the case should be taken back to pre-trial for a fresh look at the cases.
However, according to international law scholar, Dr Godffrey Musila, Mr Uhuru’s application may hit a snag.
“…only the prosecutor can cause a return to the pre-trial chamber…..and it is if, one the prosecutor amends the charges by adding new charges or replaces the charges that were there before with more serious charges, then there is a mandatory requirement for new confirmation hearing..”
On the other had, prosecutor Bensouda, make it even more difficult for Mr. Uhuru if she can prove that even though Witness No 4 has recanted and withdrawn his statements, it still does not affect the case as there is overwhelming evidence and proof of the charges of crimes against humanity on Mr Uhuru. If she can prove that there is another way in which a link can be provided between Uhuru and Mungiki even with the withdrawal of the statement.