ICC drops three Kenya case witnesses By DAILY NATION | Thursday, July 18  2013 at  13:42

International Criminal Court Chief Prosecutor Fatou Bensouda. FILE | NATION MEDIA GROUP 

International Criminal Court prosecutor Fatou Bensouda has withdrawn three witnesses she intended to rely on in Kenya's President Uhuru Kenyatta's trial.

Ms Bensouda said witnesses 5 and 426 had withdrawn their testimony due to security concerns.

"In sum, it appears that Witness 5’s concerns for his security have become too great for him to bear, and he has decided to withdraw as a consequence." Ms Bensouda said in a notice to Trial Chamber V judges dated Tuesday.

She said the prosecution had held discussions with witness 426 with a view to changing his mind but the talks were unsuccessful.

"The Prosecution has held discussions with Witness 426 to determine whether any measures could be taken to mitigate his concerns and secure his attendance at trial. These talks were unsuccessful and Witness 426 maintained that he was not willing to testify," Ms Bensouda said.

The prosecutor told the Chamber that 334's evidence was no longer necessary to prove her case.

"Upon further review, the Prosecution has assessed that Witness 334’s evidence is no longer necessary to prove its case and, in the interests of judicial economy, has decided to withdraw this witness."

President Kenyatta's trial is due to open on November 12.