ICC judges to vote on Ruto, Sang case venue

Deputy President William Ruto and former radio presenter Joshua arap Sang will have to wait for International Criminal Court judges' vote to know whether part of their trial will be held in Kenya or Tanzania.

In a statement, the ICC said Trial Chamber V (A) recommendation that part of the trial be held in either Nairobi or Arusha was "only one step in the procedure - set out in Rule 100 of the Rules of Procedures and Evidence - as the final decision on where the Court shall sit for the trial will be made in due course by ICC judges".

"The decision on whether or not to sit in a State other than the Host State will be taken, in due time, in a plenary session of ICC Judges, by a two-thirds majority," the court said Tuesday.

In arriving at the decision, the plenary will take into account whether the move will serve justice to both the victims and the accused and security and logistical concerns.

"The plenary of Judges will look into the chamber's recommendation to conduct the opening, and possibly other hearings in Kenya or Tanzania. The plenary will look into the feasibility and whether this would serve the interest of justice."

On Monday, the Chamber suggested to the ICC Presidency to hold the start of Mr Ruto and Mr Sang closer home.

In its recommendations, the Trial Chamber said “it may be desirable to hold the commencement of trial and other portions thereof, to be determined at a later stage, in Kenya or, alternatively, in Tanzania.”

The Court said the proposal was made following a request by the defence on January 24.