Deputy President William Ruto’s lawyers object to use of prior evidence

Deputy President William Ruto's lawyer Karim Khan.

Deputy President William Ruto fought off the introduction of prior recorded statements in the case against him at The Hague-based International Criminal Court (ICC).

His lawyer, Karim Khan, accused ICC Chief Prosecutor Fatou Bensouda of losing focus in the case.

Together with his co-accused Joshua arap Sang, Mr Ruto pleaded with the judges not to admit the evidence on the bases that the witnesses had not sworn on it.

They said the evidence the six witnesses who refused to testify was inconsistent with the other evidence adduced at the trial stage, and was, therefore, unreliable.

"In the application, the OTP seeks to make the case entirely about interference. This is incorrect. The present trial must remain firmly focused on the charges concerning the 2007 post-election violence in Kenya," Mr Khan said.

He said Ms Bensouda had failed to discharge her mandate of presenting reliable and complete evidence, claiming that apart from the evidence being unsworn, it was also neither video nor audio-recorded.

"This testimony is provided by witnesses whose honesty is a central issue, even at the admission of evidence stage. They have shown a propensity to lie and a willingness to manipulate the court process for gain, yet the OTP insists on them," Khan submitted.

Khan's main opposition to the introduction of the materials, however, lay in his assertions that Rule 68 of the Rules and Procedure of the Court, as amended by the Assembly of State Parties (ASP) on November 27, 2013 was not applicable to the case.

He said Kenya, as well as other ASP members, had been assured that the rule would not apply retrospectively to cases "arising out of the Kenya situation" before they agreed to support it.

"On this basis alone, the application should be dismissed in so far as it is predicated upon amended Rule 68," Khan argued.

However, the judges using a litany of legal arguments, found that the rule could be applied in the Kenyan cases including the case against Ruto.

On Wednesday, the trial judges ruled in favour of Bensouda and allowed her to use the prior recorded testimony of a number of witnesses who had recanted the same.