THE state is considering a video hearing for three witnesses in Venezuela in the murder trial of four men accused of strangling former Ambassador Olga Fonsesca.
The prosecution, through state counsel Tabitha Ouya, yesterday told trial judge Roselyn Korir it has received a letter from the Venezuelan government.
The communication says Melissa Valor, Jenifer Schell and Miguel Herrera wish to give their evidence in a letter.
Ouya told the court, however, their request is not practicable because it only applies to civil cases.
She said they are exploring the possibility of a more workable video hearing.
Ouya said the court would be advised next week on what to be done.
She told the court the state is keen on finalising the matter and it is doing its best to avail all the witnesses so the matter is determined.
But Korir took issue with how the prosecution is handling the foreign witnesses, saying it has taken too long to conclude the matter.
She asked whether the embassy is at all interested in bringing the witnesses to Kenya because their absence is delaying the case.
The defence, led by Katwa Kigen, also opposed the three Venezuelan witnesses giving their testimony via video.
He said they should give their evidence in a Kenyan court as they do not deserve special treatment.
“We cannot understand the difficulty in procuring the Venezuelan witnesses. It is unfair to us and our clients,” Kigen said.
Korir directed the state to appear in court on February 4 and give “a firm way forward” on the foreign witnesses.
Fonsesca was found murdered in her Runda residence on July 27, 2012.
Former First Secretary Dwight Sagaray and four others are on trial.
She reported to Kenya on July 15 to replace Gerardo Silva, who left and soon after faced allegations of sexually harassment Kenyan male workers.