ICC to rule on William Ruto case in August

Deputy President William Ruto will have to wait for another month to know how the International Criminal Court (ICC) will rule on the Prosecution’s application to use prior recorded witness statements.

Presiding Judge Chile Eboe-Osuji had in the June status conference said: “Our hope or aim, rather, is to render our decision before the beginning of this summer recess, July 16 this year.”

But Mr Ruto’s lead lawyer Karim Khan said: “The decision will now be after the summer recess week starting August 10”.

The victims’ lawyer, Mr Wilfred Nderitu, also said: “It will be more or less a month from now.”

The significance of this is that Mr Ruto and his co-accused, Mr Joshua Sang’s planned no-case-to-answer motion may now have to wait even longer.

According to the prosecution and defence, this could be challenged in the Appeals Chamber. Such an eventuality will be bad for Mr Ruto and Mr Sang as the chamber will have to dispense with the matter before the no-case-to-answer motion.

Prosecutor Fatou Bensouda applied to the ICC to be allowed to rely on the statements of witnesses who were either declared hostile after being compelled by the court to testify or withdrew.

The decision is eagerly awaited as it could define the post-election violence case against Mr Ruto and Mr Sang.

A ruling in Ms Bensouda’s favour will beef up the evidence she has against the two suspects, who will not be allowed to cross-examine the witnesses.

If the court rejects the application, Ms Bensouda’s evidence against Mr Ruto and Mr Sang could be watered down despite having called 29 witnesses.

Mr Ruto and Mr Sang are charged with crimes against humanity.