Mock Trial – Application of Universal Jurisdiction

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

PART 1: Judge Ben Gumpert, KC

PART 2: Lady Justice Diana Mochache

PART 3: Group Discussion on Decision

Prosecution’s response to the challenge from the Defense on 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. 

Prosecutor James Stewart

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

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: Tabitha Ouya

Defense Counsel: Alex Akula

High Court Decision on the Admissibility on Open Source and Digital Evidence relied upon by the Prosecution

Speaking: Lady Justice Diana Mochache

Prosecution Submissions on whether the incident in question can be considered a crime against humanity

Prosecutor James Stewart

Defence Submissions on whether the incident in question can be considered a crime against humanity.

Defence Counsel Kirsty Sutherland 

High Court Decision on whether the incident in question can be considered a crime against humanity. Read as PDF

Judge Ben Gumpert KC

PART 1: “Does the International Crimes Act only apply to the ICC Prosecutor?”

PART 2: “Discussions on ‘duplicity of charging’ and when/why to charge defendants with international crimes”

PART 3: “Is International Criminal Justice only Focused on the ‘Big Fish’?”

PART 4: “Should the International Criminal Court pursue trials by absentia?”

Speaking: Mikel Delagrange, Bettina Ambach, Alloys Kemo