PHOTO | FILE ICC prosecutor Fatou Bensouda when she visited Kenya in
October 2012. The court has allowed Mr Ruto’s lawyers to make
submissions on why the case against him should be thrown out.
In Summary
- Judges give new trial guidelines as crimes against humanity case facing Deputy President set to begin on September 10
Forty two witnesses have been lined up to
testify against Deputy President William Ruto when his case opens at the
International Criminal Court in The Hague next month.
Ms Fatou Bensouda, the ICC prosecutor, had
initially planned to call 46 witnesses and use 413 hours to build her
case against Mr Ruto and former radio journalist Joshua arap Sang.
However, four witnesses have withdrawn their testimony while the court
has described the hours sought by Ms Bensouda as “excessive”.
Mr Ruto and Mr Sang face crimes against humanity charges over the 2007-2008 post-election violence.
Some 1,133 Kenyans were killed and more than
500,000 uprooted from their homes in the chaos that ensued after the
presidential election results were disputed.
Incumbent Mwai Kibaki of the PNU was declared
winner but ODM’s Raila Odinga, his key challenger, cried foul saying the
vote had been stolen.
Mr Ruto and Mr Sang, who were on the ODM side, are said to have incited, financed and executed the chaos.
Their case opens on September 10 at The Hague in
the Netherlands. Mr Ruto will be required to be present in court when
the prosecutor makes her opening statements.
Also facing similar charges is President Uhuru Kenyatta, who was on the PNU side and whose case opens on November 12.
The three judges hearing Mr Ruto’s case have
allowed his lawyers to move a motion of “no-case-to answer” once Ms
Bensouda concludes her submissions.
No case to answer
“The Chamber will, in principle, permit the
defence to enter submissions, at the close of the case for the
prosecution, asserting that there is no case for it to answer at the end
of the prosecution’s presentation of evidence,” the judges said in
their latest verdict dated August 9 but sent to the Nation on Monday.
Trial Chamber judges Chile Oboe-Osuji, Olga
Herrera Carbuccia and Robert Fremr said they would give reasons for
inviting Mr Ruto’s lawyers to make the submissions seeking to end the
case.
They also said that Mr Ruto and Mr Sang would be given the opportunity to give their personal statements before the court.
The judges also provided for the possibility of
visiting one of the post-election hotspots should any of the parties in
the case make a request for such a visit.
“As a result of subsequent changes, there are
currently 42 witnesses whom the prosecution intends to call. The Chamber
is of the view that the prosecution’s estimates appear excessive.
“At the next status conference to be held, the
Chamber will seek the parties’ and participants’ views on this issue,
with a view to reducing the prosecution’s estimates,” the judges said.
They said opening statements by the prosecution,
defence and lawyers for victims would each take two hours although legal
teams for Mr Ruto and Mr Sang have been asked to agree on how they will
utilise their time, including making provision for their clients to
give personal statements.
“The Ruto defence and Sang defence may choose to
re-distribute the combined time allowed for defence opening statements
and allocate the time amongst themselves as they see fit. Any statements
from the accused persons should be made within the allotted time,” they
said.
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