Two key witnesses pull out of Ruto Hague suit

PHOTO | FILE ICC prosecutor Fatou Bensouda when she visited Kenya in October 2012.

What you need to know:

  • Bensouda blow as witnesses in Ruto Hague case withdraw
  • Leaders want Houses reconvened to discuss trials

Two witnesses in the case against Deputy President William Ruto have withdrawn from the case.

This is likely a setback for International Criminal Court Prosecutor Fatou Bensouda who will be prosecuting the case in a matter of days.

In affidavits filed through their lawyer, Mr Christopher Mitei, the witness whom the Nation is unable to name in the interest of their safety, claimed their continued participation in the process had caused them “immense mental and emotional suffering”.

The Deputy President and former radio presenter Joshua arap Sang are scheduled to appear before the International Criminal Court judges for the start of their trial on September 10.

The trial of President Kenyatta, who is also facing crimes against humanity charges in The Hague, is expected to start on November 12. The charges are as a result of the 2007-2008 post-election violence in which more than 1,000 were killed and 650,000 others rendered homeless.

On Sunday, the first witness said the mental anguish had resulted in his father getting sick and becoming suicidal.

“This situation is too much for me to bear,” said the first witness, a former employee of a local media organisation. 

“My participation has also drawn extreme resistance from my family members and I am greatly anguished at their condition, therefore reaching this decision.”

He said at the time of accepting to participate in the process, he was under intense “mental turmoil”.

“Owing to the issues aforesaid, I do not wish to participate in the process. I am not in the right state of mind to go on,” he went on.

The second witness — number 0336 — said pressure from family was also responsible for his withdrawal.

“I was involved in introducing other witnesses to the ICC and this has had a negative impact on me as a person and to my dignity as a social worker, putting my life in danger,” said the witnesses, who works with an NGO.

He went on: “Based on my personal survey, it is evident that the victims and those perceived to be against the community have reconciled and now Kenya is a stable country,” he went on.

“Based on the above, I have decided to withdraw myself willingly from the process and I have gone back to my country. I have also asked my family to vacate the safe house. I have no intention to go back to the process.”

The witness said he was made to believe that the process he was engaging in was neutral and aimed at achieving justice for post-election victims. “I deeply regret having agreed to take part in the process,” he said.

“The source of my regret is that while I thought I was dealing with the office of the prosecutor and that they were acting in good faith, things turned upside down for me and my family when I was persuaded to leave this country and promised protection in a neighbouring country,” added the witness.

RECALL PARLIAMENT

On Sunday, the Jubilee Coalition said it would push for Parliament and the Senate to be recalled immediately to discuss the impending trial of the President and his deputy.

Sunday, Senate Majority Leader Kindiki Kithure told the Nation that they would soon petition both Speakers to reconvene both Houses to discuss the important matter, “including the ICC question and devolution.”

He went on: “The Jubilee side feels that the ICC cases are a very important issue and we want it discussed before the start of the trial against Deputy President on September 10.

“We shall any time today initiate the necessary procedures to recall Parliament from recess.”