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Ruto awaits ICC fate Friday

12 February 2016, 12:40

Nairobi - The International Criminal Court’s Appeals Chamber will on Friday issue the long awaited ruling that will determine the weakness or strength of the prosecution’s case against Deputy President William Ruto and Journalist Joshua arap Sang.

The ruling comes ahead of another important ruling that will determine if the court will drop charges against the two accused persons at the Prosecutor’s level, or if they will move forward to mount their defence, Capital News reports.

Legal experts say Friday’s ruling is key since ICC Prosecutor Fatou Bensouda had admitted, during her application seeking to have prior recorded evidence of recanting witnesses, that her case will be weak without their evidence.

“As a result, the Prosecution has been deprived of a significant portion of the incriminating evidence that it intended to present to Trial Chamber V (a) in support of its charges,” Bensouda stated in the May 21. 2015 filing.

The Prosecutor further explained to the judges that the five witnesses would have stuck to their primary evidence had they not been “interfered” with.

The Standard reports that the court has so far issued warrants of arrest against three Kenyans who are wanted for alleged interference with prosecution witnesses.

Ruto and Sang are accused as in-direct co-perpetrators who planned attacks in the Rift Valley during the 2007-8 Post Election Violence.

The three-judge bench is to give its verdict on the recanted evidence of five prosecution witnesses who turned hostile and became the subject of vicious courtroom battles at the ICC. Court records showed why Prosecutor Fatou Bensouda wanted the testimony to remain in court records, and why defence lawyers wanted the judges to overturn the trial chamber's ruling.

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- News24


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