On Friday, 8 March 2024, the Wayamo Foundation and the Prosecution Training Institute held a one-day mock trial based on a fictional set of circumstances — Republic v. Lieutenant Mohammed Juma — designed to test the application of universal jurisdiction for international crimes in Kenyan courts.
The mock case examined the provisions of the International Crimes Act No.16 of 2008 and explored its applicability to situations where neither the perpetrator nor victims have Kenyan nationality, and the alleged crimes have not been committed on Kenyan territory.
The mock trial brought together preeminent international and Kenyan judges and prosecutors who guided the audience through some of the thornier issues facing lawyers seeking to apply international law domestically.
The aim was to make the International Crimes Act more accessible and actionable for the Kenyan legal practitioners in the audience.
Introduction: Alloys Kemo
Introduction: Bettina Ambach
Dispute: Whether the forms of open-source and/or digital information relied upon by the Prosecution can be tendered as evidence and, if so, the weight that should be attributed to it.
Prosecution Examination of Expert Witness
Prosecutor James Stewart and Expert Witness Robin Taylor
Defense Cross Examination of Expert Witness
PART 1: Defense Counsel Jami Yamina and Expert Witness Robin Taylor
PART 2: Defense Counsel Kirsty Sutherland and Expert Witness Robin Taylor
High Court Decision on whether the incident in question can be considered a crime against humanity. Read as PDF