You can skip some of the hearings, but not as you wish, ICC to Ruto

Deputy President William Ruto Wednesday scored a major victory in the case facing him at the ICC after he was excused from continuous attendance of his trial.

The decision that was read out by Presiding Judge Chile Eboe-Osuji after a three-hour status conference, however came with conditions.

One is that the absence will not be as Mr Ruto wishes but must be applied for each time he desires to be away.

The Deputy President must also be physically present in the courtroom for a large number of specified sessions, including the entirety of closing statements of all parties and participants.
Must be present

He must also be present when the victims of 2007/08 post-election violence— which led to the cases— present their views and concerns, delivery of judgment, sentencing and victim-impact hearings.

The accused should also be present during the first five days of hearing after a judicial recess, reparation hearings and any other attendance as directed by the trial chamber.

Judge Eboe-Osuji also ruled that Mr Ruto must attend the first five days of his trial, which was set to resume today but in light of the fact that he is currently deputising for President Kenyatta— who is away on official duty in Angola—he will be excused from attending trial today and Friday.

“Mr Ruto shall, however, be present for the remainder of the period indicated under condition number eight. The fuller reasons for the oral decision will be issued in due course,” said Judge Eboe-Osuji in the oral ruling.

This means that he will be expected to attend court from Monday to Wednesday next week.

Mr Ruto’s defence team, led by Mr Karim Khan, had earlier on made an oral application that the leader be excused since the President was away on official duty.

Wednesday’s decision followed an application by the Deputy President last month to be excused from continuously attending trial, citing the new rules adopted last year by the Assembly of State Parties.

Under the revised rules, the ICC trial chamber has the power to allow a suspect who has extraordinary duties, such as a head of state, to be excused from attending trial. The defence lawyers would then represent the accused in court.

Said Mr Khan; “Rule 134quater, adopted by consensus by the Assembly of States Parties at its 12th Session on November 27 last year, allows Mr Ruto to be away and be represented by counsel.”
Extra-ordinary duties

He went on; “The duties of Mr Ruto as the Deputy President amount to extraordinary public duties warranting an excusal. An excusal is not a gift to Mr Ruto for personal benefit. It is for the good of the office he occupies…”

However, the prosecution led by Anton Stynberg, backed by victims’ lawyer Wilfred Nderitu, opposed Mr Ruto’s request.

Mr Stynberg and Mr Nderitu argued that the role of the Deputy President was not clearly defined in the Constitution.

“He only does what the President mandates him to do, which ranges from the extremely important to the extremely mundane… just because Mr Ruto is an important person does not mean everything he does is important,” Said Mr Stynberg.

Mr Nderitu on the other hand, while speaking through a representative, said granting Mr Ruto’s request would not be in the interest of victims, who are yearning to see him answer the serious charges that have been levelled against him.