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ICC to rule on DP William Ruto and Joshua Sang’s cases in two weeks' time

THE HAGUE TRIAL
By Kamau Muthoni | March 23rd 2016

NAIROBI: Deputy President William Ruto will know his fate at the International Criminal Court (ICC) in two weeks' time.

ICC judges will rule on Ruto and his co-accused Joshua Sang's no-case-to-answer motion on April 5.

ICC yesterday notified Ruto to attend court on April 5, when it will deliver its ruling on his bid to terminate his trial.

ICC Prosecutor Fatou Bensouda closed her case against the DP and Sang on September 10 last year, thus opening the floor for the two to discredit her arguments in relation to the 2007-2008 elections skirmishes.

"You are required to attend court on April 5, when it will deliver its ruling on the no-case-to-answer application," the notification read.

The DP and the former radio journalist are faced with two sides of fate, acquittal or trial.

The effect of a successful no-case-to-answer motion is either the acquittal of the accused on all or some of the charges.

 UNRELIABLE WITNESSES

On the contrary, if the motion does not go the DP's way, even on partial judgement of acquittal, it would mean judges are satisfied he has a case to answer, opening the next stage of trial for the defence to lay out its case.

Ruto's lead lawyer Karim Khan raised five grounds faulting the prosecution's approach to the case, from investigations that he argued were not properly carried out to alleged use of unreliable witnesses, who he contends did not place Ruto anywhere near Kenya's ethnic violence.

The defence argued the prosecution had failed to provide sufficient evidence to prove the existence of the criminal network that is central to the charges of murder, forcible transfer of population and persecution against Ruto.

The Office of the Prosecutor built its case around claims that Ruto was the head of a multi-faceted network with a common plan to expel from Rift Valley region the Party of National Unity's supporters and gain power by creating a uniform Orange Democratic Movement voting bloc.

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