ICC rejects request by Ruto to skip hearings

Kenya's Deputy President William Ruto (left) speaks with broadcaster Joshua Arap Sang (R) in the courtroom before their trial at the International Criminal Court at The Hague on September 10, 2013. FILE | NATION MEDIA GROUP

In Summary
The Deputy President suffered a further setback when the Trial Chamber turned down a request for two more weeks’ absence, meaning the trial resumes on Wednesday, October 2.

 By Walter Menya
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Deputy President William Ruto will continue to attend his trial at the International Criminal Court in person until a decision is made on an appeal by the prosecutor.

The Appeals Chamber Friday dismissed Mr Ruto’s request for a reconsideration of the suspensive effect that shelved the Trial Chamber’s ruling excusing him from being present at all sessions.

Mr Ruto had requested the ICC to allow the trial to continue in his absence.

Prosecutor Fatou Bensouda opposed the request and warned the Deputy President he risked arrest if he failed to show up as required under the Rome Statute.

“Mr Ruto is not here voluntarily, but on compulsion of a summons, and risks arrest if he defaults. He is an accused person before the court and, while presumed innocent, cannot expect that life will continue as normally. The effect of the confirmation of charges is that a trial will ensue in the normal course and the accused, if not in custody, will have to make the necessary arrangements to attend that trial,” Ms Bensouda said.

Mr Ruto had argued that the terrorist attack on Westgate Shopping Mall in Nairobi raised “new facts and circumstances” that warranted consideration by the Appeals Chamber.

However, the Chamber said it was not persuaded by the “new facts and circumstances” the defence raised.

The Deputy President suffered a further setback when the Trial Chamber turned down a request for two more weeks’ absence, meaning the trial resumes on Wednesday, October 2.

“The chamber will partially grant the request. The adjournment is until Tuesday, October 1 and hearings to continue on Wednesday, October 2,” presiding judge Chile Eboe-Osuji ruled.

The judges said the extra days would allow Mr Ruto to attend an inter-denominational prayer service on Tuesday at the Kenyatta Internatinal Convention Centre for victims of the Westgate mall attack “which is important for national healing.”

Mr Ruto had asked for the trial to be adjourned to October 14.

Mr Karim Khan, the lead counsel for Mr Ruto, had outlined a schedule of events that the Deputy President would be required to attend.

However, lead prosecution counsel Anton Steynberg said Mr Ruto should make arrangements to delegate some of his tasks to “competent people to deal with on his behalf.”

Mr Steynberg argued that attending high-level meetings was the normal routine for the President and his deputy and if Mr Ruto’s request is granted, “he will continuously ask for the same.”

“Even after two weeks, wouldn’t there be other emergencies the accused wishes to attend to? The immediate crisis has been resolved and the accused presence must take precedence in this case,” said Mr Steynberg.