ICC witness Meshack Yebei 'was dropped’ by Prosecutor Bensouda

The ICC witness killed in Eldoret a week ago was part of the nine prosecution witnesses who recanted their evidence, the court said on Wednesday.

In a statement issued on Wednesday, ICC registrar Herman von Hebel confirmed that it had offered to protect Mr Meshack Yebei, 41.

It had also offered him a safe residency in a new location but he chose to return to his home in Eldoret.

“Mr Yebei was not on the prosecution witness list nor was he in contact with prosecution staff at the time of his abduction,” said the ICC registrar.

The issue of ICC witnesses withdrawing their testimonies led to delays in the case facing Mr Ruto and radio journalist Joshua Sang.

ICC prosecutor Fatou Bensouda later compelled such witnesses to give evidence.

On Tuesday, Mr Ruto’s lead lawyer Karim Khan confirmed that Mr Mibei, who was killed a week ago and his body dumped at River Yala in Nandi County, was one of the defence witnesses. The Deputy President is facing crimes against humanity charges against his client.

Mr Khan has also written to CID director Ndegwa Muhoro asking for thorough investigations into the death of Mr Yibei, in a letter in which he also described the deceased as a “critical witness to the defence.”

"DEEPLY CONCERNED"

On Wednesday, the ICC it was “deeply concerned” with the death of the witness and offered to assist the police with investigations if required to do so.

The Hague-based court also restated its commitment to the safety and security of witnesses, saying it was the cornerstone of fair trials.

It is currently protecting more than 650 witnesses, victims and families’ members, according to Mr von Hebel.

Some of the witnesses who recanted their evidence, and chose to return home, have been giving evidence via video-link from an undisclosed location in Nairobi in the case against the deputy President, which is expected to be concluded this year.

Hearings resume on January 15.