Last witness in Hague case to testify on May 26
What you need to know:
- Witness 727, who is crucial to the prosecution’s case at the International Criminal Court (ICC), is also expected to testify from a remote location via video link to protect him and his family.
- The witness, who is in Europe, has on various occasions failed to testify over fears for his safety and that of his family. In fact, the witness had wanted The Hague-based court to protect not only his immediate family but also the extended ones.
- Meanwhile, the Appeals Chamber of the ICC has allowed 839 victims who are represented by Fergal Gaynor in the case against President Uhuru Kenyatta to participate in the appeal by Ms Bensouda, who accuses the Kenya government of being non-compliant to the provisions of the Rome Statute.
The testimony of the last prosecution witness in the case against Deputy President William Ruto and former radio journalist Joshua Sang could finally begin on May 26 and run for approximately eight days.
Witness 727, who is crucial to the prosecution’s case at the International Criminal Court (ICC), is also expected to testify from a remote location via video link to protect him and his family.
The witness, who is in Europe, has on various occasions failed to testify over fears for his safety and that of his family. In fact, the witness had wanted The Hague-based court to protect not only his immediate family but also the extended ones.
Once the court is through with witness 727, the focus will shift to Mr Ruto and Mr Sang who are expected to file no-case-to-answer motions. The court had directed that the defence teams make the filings in 40 pages and within 14 days after the prosecution closes its case.
The court is also expected to make a decision on application of Prosecutor Fatou Bensouda to have original statements of the witnesses who were declared hostile by the court admitted as part of her evidence against the two accused. Mr Ruto and Mr Sang are facing charges linked to the 2007/2008 post-election violence.
NON-COMPLIANT
The calendar of the court released on Thursday also indicates that the trial of the two will resume from October 1 to November 27.
Meanwhile, the Appeals Chamber of the ICC has allowed 839 victims who are represented by Fergal Gaynor in the case against President Uhuru Kenyatta to participate in the appeal by Ms Bensouda, who accuses the Kenya government of being non-compliant to the provisions of the Rome Statute.
This followed the court’s decision to throw out the government’s response to the prosecution’s application last month after it was filed five days after the deadline.
“The Appeals Chamber finds that the present appeal is a stage of the proceedings in which the victims’ participation is appropriate in light of the potential consequences of the resolution of the appeal.”
“As to the manner of participation, the victims may submit written observations limited to their views and concerns with respect to their personal interests in the issues raised in this appeal,” the decision of the single appellate judge Silvia Fernández de Gurmendi of April 24 states.
The case against Mr Kenyatta was withdrawn by the court last December, but Ms Bensouda wants the court to find that Kenya was not compliant with its Rome Statute obligations on co-operation.
Such a finding would allow the court to refer Kenya to the Assembly of State Parties. The government, through Attorney-General Githu Muigai, has always maintained that it did co-operate fully with the prosecution.
