Bensouda rejects Ruto plea on Hague witnesses

International Criminal Court Prosecutor Fatou Bensouda has opposed Deputy President William Ruto’s request to have her officers and witnesses prosecuted for offences against administration of justice.

Ms Bensouda also asked the Chamber to censure Mr Ruto’s lawyer, Mr Karim Khan, for alleging that her officers were engaged in sexual relations with witnesses and their families.

Mr Ruto had asked the court to appoint an amicus prosecutor to investigate claims of witness bribery, gross misconduct and false testimony.

The request was supported by his co-accused Joshua Sang through lawyer Katwa Kigen.

The victims through their lawyer Wilfred Nderitu, opposed the request.

In her submission on Tuesday, Ms Bensouda said although the cases can be revived in future, the two are not accused persons at the moment so they have no legal standing to issue such a request.

“The time limit for appealing the decision has lapsed and the decision is thus final,” said the prosecutor.

She further said the Chamber had been seized of the matter and the request would require them to “usurp the role of the prosecutor”.

Judges had by majority decided to vacate charges and terminate the case against Mr Ruto and Mr Sang in April.

The prosecutor defended her office’s reputation and said allegations that her officers sought sexual favours from witnesses were deliberately made to publicly embarrass the ICC and its staff members.

“The allegations of misconduct against ICC staff members are unsubstantiated, sensationalist and in some respects gratuitous,” she said.

So far, said Ms Bensouda, the defence was yet to produce the evidence it relied on in making its request.