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Tough choices for Ruto to make at ICC

13 January 2016, 17:54 William Korir

Nairobi - Deputy President William Ruto and his team has been left with some tough choices to make at the International Criminal Court ICC in their plight to seek a case of no answer against Chief Prosecutor Fatou Bensouda.

Ruto has been asked by the trial judges to decide whether to either present his own witnesses in his defence against Crimes Against Humanity charges or seek to challenge the evidence presented by the prosecution.

The DP and his team is confident that they can get a ruling of no case to answer but that hangs in the balance and especially with the request by the trial judges on the table.

If they do choose to go for the former, they would ensure that the case lasts another year or longer as the process of getting in the witnesses, vetting them and preparing them for cross examination.

That would see the case easily extend into 2017 which would be a problem for Ruto as it will be close to the General Elections.

On the other hand, he could decide to go after the Prosecutions case and seek to discredit its evidence but that could be difficult in the case that the evidence is full proof and would leave him short-handed.

Either way, it is a tough one of the DP and his team.

Read alsoODM official suspended for visiting DP Ruto’s home

" The question is whether defence are then prepared to elect or stand upon their submissions and call no further evidence in the case notwithstanding that the chamber may not sustain their no case submissions. That is the reason to ensure that the particular standard of proof beyond reasonable doubt will be the standard that must guide the assessment at this particular stage," Judge Chile Obue Esuji who is presiding over the motion said in a statement.

Legal experts feel that Ruto will likely be forced into the latter.

" The fact is that the DP will be taking a huge risk by not using his own witnesses in the case as it forces him to try kill off the Prosecution's case which can be a tough ask," international law expert Nelson Ngatia told News24.

" In a case of this magnitude, it is imperative that the DP uses all the resources he has and I believe that by using his own witnesses it will give him a better chance," he added.

So far, the likes of Gatundu South MP Moses Kuria among others have stated that they are open to testifying for Ruto at the Hague.

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- MyNews24

Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.

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