ICC has no option but to accept Kenya‘s plea to revisit Rule 68

The debate on the outcome of the case facing Deputy President William Ruto and radio journalist Joshua Sang at the International Criminal Court (ICC) continues to dominate the public discourse. Going by recent events in the political front, it would appear that gap between those who lobbied for termination of the case and those who pushed for it has narrowed down. Many leaders, who would have wished to see the DP jailed, have changed their tune including former Prime Minister Raila Odinga who now says he is ready to testify in favour of Ruto at The Hague. But the turnaround would bring to fore a couple of questions. Can we trust these leaders now? Did they make the offers in good faith and with a clear conscience? If they wished the DP well, why would they wait until the tail end of his case?

Ruto/Sang defence teams have invoked the provisions of Rome Statute and filed separate no case to answer motions. If the judges would rule in favour of the motions the two Kenyans will be set free but, if they decline to do so, it means they will have a case to answer and they will be required to present defence witnesses.