Ruto’s lawyers likely to press for early dismissal

Mr Francis Githae, 65, outside his tent at the Pipeline Internally Displaced People (IDP) camp in Nakuru follows an analysis of the crimes against humanity trials at the International Criminal Court. The father of 13 said that the IDPs are ready for any outcome.  NATION MEDIA GROUP

In Summary
The lack of the first witness against Mr Ruto prompted Mr Khan to charge that the prosecution case was crumbling before it started. He then launched an aggressive opening strategy that legal experts say was designed to press the case for an early dismissal.
Ms Bensouda and her team sat impassively throughout Mr Khan’s blistering assault, betraying no emotion, not even rising to challenge some of the harsh language he employed.
 
By Macharia Gaitho
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Deputy President William Ruto’s defence team is likely to press for early dismissal when his case at the International Criminal Court resumes next Tuesday.

The battery of lawyers led by Mr Karim Khan, QC, left the courtroom at the end of the opening session on Tuesday in an upbeat mood after an aggressive performance by the lead counsel, who used his opening statement to hit out harshly at the prosecution led by Ms Fatou Bensouda.

They were mystified that after all the months of preparation, Ms Bensouda could not produce her first witness on the opening day, explaining that he was still travelling to The Hague. This development forced the case to adjourn to next Tuesday after just the opening statements from the prosecution, the defence and the lawyer for the victims, Mr Wilfred Nderitu.

SECOND CASE

However the second case, against journalist Joshua arap Sang, proceeded with his opening statement on Day Two yesterday driven by his lead lawyer Katwa Kigen.

The lack of the first witness against Mr Ruto prompted Mr Khan to charge that the prosecution case was crumbling before it started. He then launched an aggressive opening strategy that legal experts say was designed to press the case for an early dismissal.

At the conclusion of his opening statement, Mr Khan challenged Ms Bensouda to concede early that her case was fatally defective and withdraw it in the interests of justice.

However, the defence does not expect Ms Bensouda to capitulate so easily. They might thus be preparing a motion calling on the bench of judges Eboe-Osuji, presiding, Olga Herrera Carbuccia and Robert Fremr to exercise its prerogative and throw out the case in the face of what they will present as overwhelming proof that the prosecution has no evidence that can sustain a full hearing.

Opening statements are usually used to lay out the general thrust of both the prosecution and defence cases. But the Ruto team adopted a risky strategy of going all out to try and destroy the prosecution case.

Mr Khan delivered brutal attacks against the conduct of the prosecution, which he charged, carried out incompetent and casual investigations and ignored clear evidence that would exonerate the accused.

TAINTED EVIDENCE

He charged that the prosecution readily accepted tainted evidence and witnesses provided by civil society groups, and that these were not subjected to independent and expert investigations, as if the purpose was to “nail Mr Ruto at any cost” rather than uncover the real authors of the post-election violence.

He was scornfully critical of a prosecution that he accused of being unable, after years of investigations, to provide a single audio or video recording of Mr Ruto planning or advocating violence at either public or private meetings as accused. He generously provided his own recordings of Mr Ruto, majority culled from various appearances on Jeff Koinange’s “On the Bench” TV talk show, offering a sympathetic portrayal of accused.

Ms Bensouda and her team sat impassively throughout Mr Khan’s blistering assault, betraying no emotion, not even rising to challenge some of the harsh language he employed.
The performance excited the retinue of MPs in the public gallery.

flown in from Kenya to put in a show of solidarity for Mr Ruto. Many who talked to the Nation were full of praise for Mr Khan and were convinced that he was on the path to victory.

Legal experts, however, urged caution, pointing out that the direction a case is leaning cannot be judged merely on one sides aggressive opening performance.

Ms Bensouda is yet to lay out her detailed evidence. She indicated in her own opening remarks that she will bring evidence and witnesses to prove that Mr Ruto was the principal figure in ‘network’ formed for the express purpose of violently ejecting non-Kalenjins, and mainly the Kikuyu, from the Rift Valley