DP William Ruto, Joshua Sang ICC case postponed over witness hitch

By FELIX OLICK

NAIROBI, KENYA: The case against Deputy President William Ruto and former Radio Journalist Joshua arap Sang at The Hague has been postponed over a witness hitch.

The case has now been reschedule to resume on Thursday next week and not Monday, as was initially scheduled by Trial Chamber V (b).

“Yes, it is true the case has been pushed to Thursdy the 16,” Sang’s lead Counsel Katwa Kigen confirmed to The Standard.

Mr Kigen, however, declined to explain why the trial date was pushed.

However, sources indicated the International Criminal Court (ICC) Prosecutor Fatou Bensouda was not ready with her next witness lined up to testify against the duo.

“The next witness who is supposed to be taking to the stand has not travelled to The Hague but is expected there on 16th,” said a source who did not want to be quoted.

The cases against Mr Ruto, Mr Sang and President Uhuru Kenyatta have been characterised by witness glitches and is already threatening the case against the latter.

So far, only eight witnesses have testified. Bensouda had lined up 40 witnesses.

The Deputy President is expected to travel to the ICC pending a decision on his request for excusal from physical presence at the court.

The three-Judge bench said the request by Ruto to be excused from trial was not made on time.

COURT’S RULING

“Had the request been filed earlier, the chances of its consideration before the hearing resumed would have been greater,” the bench headed by Nigerian Judge Chile Eboe-Osuji said in a five-page ruling.

“…for the foregoing reasons, the Chamber hereby instructs the defence that Mr Ruto is required to be present at trial pending a decision on the request,” Judge Osuji ruled.

Ms Bensouda has up to Thursday this week to respond to the defence plea.

Last December, the Assembly of State Parties amended Article 134 of the Rules of Procedure and Evidence, which allows the use of video technology and excusal from physical attendance.

President Kenyatta is also yet to respond to Bensouda’s application for the adjournment of his trial date by three months.

Kenyatta’s trial was scheduled to get underway on 5th of next month.

On October 24, 2013, Kenyatta’s defence team had requested the Chamber to postpone the initial date of November 12, 2013.