The testimony of the last prosecution witness in the case
against Deputy President William Ruto and former radio journalist Joshua
Sang could finally begin on May 26 and run for approximately eight
days.
Witness 727, who is crucial to the prosecution’s
case at the International Criminal Court (ICC), is also expected to
testify from a remote location via video link to protect him and his
family.
The witness, who is in Europe, has on various
occasions failed to testify over fears for his safety and that of his
family. In fact, the witness had wanted The Hague-based court to protect
not only his immediate family but also the extended ones.
Once
the court is through with witness 727, the focus will shift to Mr Ruto
and Mr Sang who are expected to file no-case-to-answer motions. The
court had directed that the defence teams make the filings in 40 pages
and within 14 days after the prosecution closes its case.
The
court is also expected to make a decision on application of Prosecutor
Fatou Bensouda to have original statements of the witnesses who were
declared hostile by the court admitted as part of her evidence against
the two accused. Mr Ruto and Mr Sang are facing charges linked to the
2007/2008 post-election violence.
NON-COMPLIANT
The
calendar of the court released on Thursday also indicates that the
trial of the two will resume from October 1 to November 27.
Meanwhile,
the Appeals Chamber of the ICC has allowed 839 victims who are
represented by Fergal Gaynor in the case against President Uhuru
Kenyatta to participate in the appeal by Ms Bensouda, who accuses the
Kenya government of being non-compliant to the provisions of the Rome
Statute.
This followed the court’s decision to throw
out the government’s response to the prosecution’s application last
month after it was filed five days after the deadline.
“The
Appeals Chamber finds that the present appeal is a stage of the
proceedings in which the victims’ participation is appropriate in light
of the potential consequences of the resolution of the appeal.”
“As
to the manner of participation, the victims may submit written
observations limited to their views and concerns with respect to their
personal interests in the issues raised in this appeal,” the decision of
the single appellate judge Silvia Fernández de Gurmendi of April 24
states.
The case against Mr Kenyatta was withdrawn by
the court last December, but Ms Bensouda wants the court to find that
Kenya was not compliant with its Rome Statute obligations on
co-operation.
Such a finding would allow the court to
refer Kenya to the Assembly of State Parties. The government, through
Attorney-General Githu Muigai, has always maintained that it did
co-operate fully with the prosecution
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