Ruto seeks more time to appeal ICC ruling

Deputy President William Ruto’s Defence is seeking more time to appeal an ICC ruling compelling the government to order witnesses who dropped out to testify.

In a new application filed by Mr Karim Khan, the Deputy President’s lead lawyer in the crimes against humanity case, the time limit should begin when one of the judges — Olga Herrera — files her dissenting opinion on the ruling.

The judges in their ruling last week had indicated that Judge Herrera’s opinion will be filed in due course.

Mr Ruto’s defence wants the time limit extended until five days after the notification of the judge’s dissenting opinion.

In the application, Mr Khan said court regulations permit the Chamber to extend any time limit if good cause is shown.

“The defence submits that good cause exists for the requested extension because the decision engages complex, novel and not uncontroversial legal issues.

The dissent will likely inform the defence’s decision on leave to appeal including the formulation of the issue (s) on which to seek leave,” said Mr Khan.

“For the foregoing reasons, the defence respectfully requests the Chamber to grant the requested extension of the time limit in which to seek leave to appeal.”

But in a swift rejoinder, Chief Prosecutor Fatou Bensouda asked the Trial Chamber to reject Mr Khan’s plea.

She said the legal provisions invoked by the defence do not provide the Chamber with the power to extend the time limit for an application for leave to appeal.

“The defence has not provided sufficient support for its request. Their argument that additional time is required because the dissenting opinion has not yet been rendered lacks merit.

“The dissenting opinion may offer an alternative perspective on these issues; however, it will neither extend the scope of the decision nor alter its foundation. Likewise, the potential arguments as to why the relevant issues do or do not meet the criteria for leave to appeal will not change as a result of the dissenting opinion,” she added.

Ms Bensouda said the defence application for leave was not due until April 29 and as such, they had a total of 12 days, from the time the judgement was issued, to analyse all issues arising from decision and to complete the application.

“The request should therefore be rejected in limine,” she said.

Last week, Trial Chamber judges, in a majority ruling, ordered the government to compel the witnesses to testify either in person or through video-link and guarantee them safety for the period before and after their evidence.

Judges Chile Eboe-Osuji and Robert Fremr agreed with the arguments of the prosecutor for Kenya to subpoena the eight witnesses to testify in the case facing Mr Ruto and former radio journalist Joshua arap Sang.

Those affected by the ruling are witnesses 15, 16, 336, 397, 516, 524, 495 and 323.