Uhuru Kenyatta executed common plan alone?
“The International Criminal Court Prosecution
was on Monday tasked to explain how President-elect Uhuru Kenyatta would be
charged for contributing to a common plan on his own, after withdrawal of
charges against his co-accused Francis Muthaura.
Presiding Judge Kuniko Ozaki pressed prosecution
lawyer Sam Lowery to explain how Kenyatta individually constituted a common
plan in the absence of his co-accused. Apart from Muthaura being exonerated,
charges were not confirmed against former police chief Hussein Ali, who faced
similar charges.
“This requires that each joint perpetrator is able to
frustrate the commission of the crime by not performing his or her tasks. This
means that the common plan could not have succeeded without the contribution of
Muthaura or a common plan does not even exist without contribution of
Muthaura,” Ozaki argued.”
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