ICC grants request on extra time to appeal

By MOSES NJAGIH

THE HAGUE: The International Criminal Court has granted Kenya a ten -day extension to file leave to appeal the decision ordering eight witnesses to be forced to testify in the case against Deputy President William Ruto.

The Trial Court had ordered the Kenyan authorities to ensure the eight witnesses who had withdrawn in the case against Ruto and his co-accused journalist Joshua Sang are compelled to testify.

 The court directed Kenya to use the ten-day period, starting from May 2 to 12, to make their application of either leave to appeal the decision or to join in as amicus curiae, as it had indicated to the court.

Kenya had sought to be granted the extension of time to appeal and challenge the decision made to compel the witnesses to testify and further asking for the decision of one of the judges who had given a dissenting judgement in the case.

No prejudice

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It had argued that since it had not been served with either the court’s decision or that of the dissenting judge, it would require more time to evaluate the same and either appeal on the decision or seek to be enjoined as an amicus curiae.

In its judgement dated May 2 and signed by the three judges, the court ruled that Kenya be granted the leave, despite the opposition made by the Prosecution.

“The fact that the dissenting opinion was not filed simultaneously and that two corrigenda to the decision were issued, the Chamber considers it is nevertheless appropriate to exceptionally extend the deadline by ten days,” said the judges.

They added: “Having been granted an extension of time, it is upon the Government of Kenya to use that time to make any application they find appropriate (either as to their own leave to appeal or, alternatively, as to leave to join as amicus curiae to any other request for leave to appeal), without prejudice to the Chamber’s decision. The Chamber will rule upon any eventual application in due course.”

However, the court declared the request by Kenya Government to be notified of the decision and the dissenting opinion as moot, and thus debatable.