DP William Ruto to file appeal against ICC ruling on testimony of hostile witnesses

DP William Ruto at the opening of his case at the ICC. Mr Ruto and former journalist Joshua arap Sang will Monday September 21, 2015 be expected to file their separate appeals seeking to overturn the majority decision admitting prior recorded testimony of hostile witnesses. FILE PHOTO | NATION MEDIA GROUP 

In Summary

• The judges also granted the parties an extension of page limit and responses to 100 pages from the previous 40 pages.
• This came as Jubilee MPs Saturday said they would lobby to recall Parliament in a fresh push seeking the withdrawal of the Kenyan ICC case.
• Mr Kenyatta’s case was withdrawn in 2014 due to lack of evidence.
• ICC Prosecutor Fatou Bensouda accusing the Kenyan government of obstructing the case.

By WALTER MENYA
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By VINCENT ACHUKA
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The ICC on Friday may have lessened the burden on Deputy President William Ruto when he was granted an extension to file the no-case-to answer motions until October 23.

However, Mr Ruto and former journalist Joshua arap Sang will Monday be expected to file their separate appeals seeking to overturn the majority decision admitting prior recorded testimony of hostile witnesses.

This came as Jubilee MPs Saturday said they would lobby to recall Parliament in a fresh push seeking the withdrawal of the Kenyan ICC case.

Before Friday’s decision, Mr Ruto and Mr Sang’s defence teams were expected to make the two crucial filings within four days, starting with the appeal on Monday and the no-case-to answer on Wednesday.

The court directed the defence to file their motions no later than October 23, 2015 while the prosecution and the legal representative for the victims will be required to file any responses almost a month later by November 20, 2015.

EXTENSION OF PAGE LIMIT

The judges also granted the parties an extension of page limit and responses to 100 pages from the previous 40 pages.

The ICC will then hold an oral hearing on Tuesday November 24, 2015.

At a press conference Saturday, the MPs from the TNA wing of the coalition said they are reading mischief on the replacement of Judge Sanji Mmasenono Monageng with Peìter Kovaìcs on Mr Ruto’s appeal case saying this could be part of a wider scheme to reintroduce President Uhuru Kenyatta’s case.

Ms Monageng from Botswana took part in the Assembly of State Parties and her application to withdraw from the case was on grounds of impartiality.

She admitted to have had discussions with states where she promised them that rule 68 would not apply to the Kenyan cases.

HOSTILE WITNESSES

The rule permits the use of statements from hostile witnesses.

Mr Kenyatta’s case was withdrawn in 2014 due to lack of evidence with ICC Prosecutor Fatou Bensouda accusing the Kenyan government of obstructing the case.

She, however, has the option of reintroducing the cases once she gets more evidence.

“We are going to petition the Kenyan government to write to the ICC seeking a withdrawal of those cases because it is now open the ICC is seeking its own agenda and not justice,” Dagoretti South MP Dennis Waweru said.

Gatundu South MP Moses Kuria said they will lobby their counterparts in the Pan African Parliament to put pressure on the ICC to withdraw the recanted evidence on the two cases.