Ruto’s fresh plan to fight ICC charges

[Ab-Titchaz]

Ruto's fresh plan to fight ICC charges

Britain-based lawyer Karim Khan joins Deputy President William Ruto's defence team with the credential of having set free former Head of Civil Service Francis Muthaura. [PHOTO: FILE/STANDARD]

By MOSES MICHIRA and FELIX OLICK

Kenya: In a new strategy to fight off serious charges facing him, Deputy President William Ruto has picked the lead counsel who got Mr Francis Muthaura off the hook at The Hague to lead his defence.

He also filed an application seeking the leave of the court to let him, as part of exercising his rights, to waive the right to be present in all trial hearings beginning next month. This, if granted, would however not apply for the opening of the trial and when the court directs that he be present in the courtroom.

Britain-based Queen Council (QC), Mr Karim A. Khan, walks into Ruto's defence not only with the credential of having set free the former Head of Civil Service, but also the knowledge of the inside workings of international criminal trial systems while with UN International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda.

Khan argues that under the Rome Statutes that established the court, a suspect has a right rather than a requirement to be physically present in court while proceedings are ongoing.

New submission

It is that right to appear in court that Mr Ruto now wants the judges to waive, and allow his counsel to play any role that he could otherwise have satisfied should he have been in the courtroom.

It is not clear whether Ruto retained his previous lead counsel at the International Criminal Court, Mr David Hooper and Mr Kioko Kilukumi. This is because along with Khan, the Deputy President also has Shyamala Devi Alagendra, who previously served as a Prosecution Trial Lawyer with the ICC.

The revelations came in a detailed application made by Khan on behalf of Ruto to the Trial Chamber V Judges to be allowed to waive his right to be present in person during trials.

Unlike previous applications that were signed by Hooper, Khan, who successfully defended Muthaura leading to his acquittal last month, signed the new submission.

However, in releasing Muthaura the court said the case against the former Head of Civil Service was weakened by witness bribery and intimidation, and even murder and death of others.

With the release of Muthaura, who had been charged in one crime file with Mr Uhuru Kenyatta, the President sought to be set free arguing that his case collapsed because the key witness linking him and Muthaura to alleged State House meeting with Mungiki adherents was found to have been untrustworthy and not credible.

Khan had maintained the case against Muthaura couldn't stand after the prosecution withdrew the principal and only witness that linked them to the alleged State House meeting.

Khan had also insisted that the case had metamorphosed and fought for the case to be referred back to Pre-Trial Chamber for reconsideration before the ICC Prosecutor Fatou Bensouda finally dropped it.

It is after his numerous applications challenging the case that Bensouda finally petitioned the three-Judge bench to drop the charges against the former Civil Service Chief because of insufficient evidence.

In the application filed yesterday, Ruto stated that given he is now Kenya’s Deputy President, exemption from sitting through hearings at The Hague would afford him time and space to discharge his new duties in line with the expectation and wishes of Kenyans.

Fully informed

In the court documents, he wants the trial judges to waive his right to be physically present in court during the proceedings as he was fully represented by his team of lawyers.

"Having been fully informed of the implications, Mr William Samoei Ruto wishes to waive his right to be present at his upcoming trial," wrote Khan.
He added: "Mr Ruto's waiver is submitted in order that he be permitted to discharge his constitutional duties to the Kenyan people."

Already both Ruto and Uhuru have filed an application seeking to have them take part in the hearing through video link, something that ICC appeared keen on since it immediately gave directive to be furnished with costs of video link.

The application by Ruto's counsel introduces a new dimension to the criminal charges levelled against Kenya's top leadership that was sworn into office only last week.

The court is yet to rule on Uhuru-Ruto video link application.

Uhuru also has a pending application seeking to have the Judges halt all counts against him after the collapse of the case against Mr Muthaura. Bensouda has since applied to the court seeking to provide fresh evidence against President Uhuru that would strengthen the counts that he is charged with.

But the ICC will now have to contend with the different circumstances in which the trial is likely to start, as both Uhuru and Ruto are now the most powerful duo in Kenya after assuming office on April 9.

While both have expressed their willingness to continue cooperating with the ICC even after assuming office, it should be remembered that the last time they attended the court sessions, Uhuru was a Deputy Prime Minister and Ruto an ordinary Member of Parliament.

Kenya's scenario is also unique for the ICC because it has never tried a sitting Head of State or the deputy, as Sudan's Omar Al-Bashir, who was indicted for war crimes in 2010, has ignored summons to appear.

Several African countries, including Kenya, have also ignored the international warrant of arrest issued over Al-Bashir by the same court a year earlier.

The focus now shifts to how the Judges led by Kuniko Ozaki of Japan will rule on the applications, including the latest by Mr Khan on behalf of his new client.
Khan in supporting his application said that Mr Ruto had all along cooperated with the court by honouring its summons, projecting that the Deputy President would have no reason to skip any appointments in the future at the judges’ request.

"It is in these particular circumstances and against a background of established past compliance and future promised compliance that Mr Ruto respectfully requests that he be permitted to waive his right to be present at trial," the application read further.

Ruto's lawyers have submitted that allowing their client to stay away for the courtroom would enhance confidence in the ICC. "the defence submits that by granting Mr Ruto's request, the court's authority and effectiveness would be significantly enhanced in this and future cases and encourage serving senior state officials exercising constitutional duties in future cases to voluntarily submit to the court's jurisdiction," Khan went on.

Standard Digital News - Kenya : Ruto?s fresh plan to fight ICC charges

 

[FJM]

Kuna mawili: Ama mashahidi wote dhidi ya Rutto wataingia mitini kwa madai kuwa walilishwa maneno na ICC, au watapotezwa kimoja. Bensouda ajipange kama anata hii kesi iende mbele.

 

[Crucial Man]

Waende icc wakajinasue huko.kwa nini wanaogopa kwenda?

 

[kmbwembwe]

Hakika hii kesi sasa tatizo kubwa ni namna ya kuifuta. Kwa kuwachagua hao watuhumiwa wa pande mbili ni kama Wakenya wameridhia kufuta hiyo kesi na kusameheana. Hizi njemba inabidi ziachiwe kwa ustawi amani na umoja wa Kenya.

 

[mfianchi]

Kenya bana imekuwa kama kisiwa cha Sicily enzi za Mafia

 

[Kabaridi]

Kuanzia sasa mwanasiasa yeyote atakayetaka kutumia ICC kuingia madarakani atakuwa anajikaanga kwa mafuta yake mwenyewe. ni kweli unavosema mkenya hivi sasa hataki kusikia lolote linalohusiana na ICC na ndio ikatuma CORD kupoteza uchaguzi uliopita kwasababu ilibatilisha sera wakenya walitaka kusikia.

 

[Ab-Titchaz]

Ruto wants to be tried in absentia

Deputy President William Ruto (right) with Bungoma Senator Moses Wetang'ula after the official opening of the bicameral Parliament in Nairobi on Tuesday. Photo/RAPHAEL NJOROGE NATION

By DAVE OPIYO dopiyo@ke.nationmedia.com
Posted Wednesday, April 17 2013 at 21:13

In Summary

• The Deputy President would be represented in the courtroom at all times by his lawyers, who would examine witnesses on his behalf and raise legal arguments, Mr Khan said.
• Mr Ruto had on February 28 asked the court to allow him attend the trials through video link, but the judges are yet to rule on the matter.

Deputy President William Ruto wants the International Criminal Court to partially try him in absentia.

Mr Ruto, who is facing crimes against humanity charges at The Hague, has filed an application to the Court, seeking to be exempted from attending some of the sessions once his trial begins on May 28.

The Deputy President would like to attend only the opening and closing of his trial, all hearings at which his attendance is requested by the Court, and any other sessions he may choose.

Through his lawyer, Mr Karim Khan, Mr Ruto says the Court could alternatively authorise the use of video link technology.

Mr Ruto, President Uhuru Kenyatta and radio presenter Joshua arap Sang, are facing crimes against humanity charges at the ICC in relation to the 2008 post-election violence in which 1,133 people were killed and another 650,000 displaced.

The case against President Kenyatta will begin on July 9.

Mr Khan says any accused individual could waive the right to be present at the trial, provided his rights were fully guaranteed.

"Having been fully informed of the implications, Mr William Samoei Ruto wishes to waive his right to be present at his upcoming trial," said Mr Khan in a submission to the Court.

"Accordingly, the defence for Mr Ruto respectfully requests that the Trial Chamber grants Mr Ruto's waiver and conducts the trial without requiring his attendance throughout the duration of proceedings," he adds.

The lawyer says granting the request would enable the court to strike the "correct balance" by allowing not only the trial but also the governance of the country to continue unimpeded.

The Deputy President would be represented in the courtroom at all times by his lawyers, who would examine witnesses on his behalf and raise legal arguments, Mr Khan said.

"Mr Ruto will be able to communicate freely with his lawyers in confidence and to conduct privileged communications. He will be able to follow proceedings whenever he chooses, using the ICC External Parties Network which will provide him with access to live transcripts, real-time evidence and filings," he said.

Mr Ruto had on February 28 asked the court to allow him attend the trials through video link, but the judges are yet to rule on the matter.

"The defence, therefore, submits this filing and requests that it be considered the primary request for relief and that the video link request be considered the alternative request for relief," Mr Khan said, adding that the Deputy President had been cooperating with the court and was actively participating in its proceedings.

He said granting Mr Ruto the request would have no effect on the rights of any of the parties in the proceedings, nor would it undermine the court's authority.

Mr Ruto would remain subject to the Court's jurisdiction and bound by the conditions of the decision issuing the summons to appear, the lawyer added.

Ruto wants to be tried in absentia - Politics - nation.co.ke

 

[Ab-Titchaz]

Kenya bana imekuwa kama kisiwa cha Sicily enzi za Mafia

Wakati wa kampeni jamaa walisema eti wanaweza kutawala Kenya via Skype kutoka Hague.

...baadae tukawasikia wakisema eti wanataka trial ifanywe via videolink.

....sasa leo hii jamaa anataka 'Trial in absentia'

...mwisho utasikia wakisema 'hatuendi'!...Hapo sasa.

 

[mfianchi]

Wakati wa kampeni jamaa walisema eti wanaweza kutawala Kenya via Skype kutoka Hague.

...baadae tukawasikia wakisema eti wanataka trial ifanywe via videolink.

....sasa leo hii jamaa anataka 'Trial in absentia'

...mwisho utasikia wakisema 'hatuendi'!...Hapo sasa.

Na walisema kesi haitaathiri uendeshaji wa nchi,na wakaenda mbali kuwa wao wana wasaidizi kwa hiyo itakuwa sio tatizo kwenda Hague,tuliandika hapa kuwa hao wawili wanataka uraisi kwa kila hali si tu eti kwa ajili ya kuwasaidia Wakenya bali ni kwa ajili ya kukimbia kesi yao huko Hague na sasa tuna yaona.

 

[Kabaridi]

Icc wanasema mashaidi wamefariki, kwanini insitution kama hague isiwapokee na kuwafadhili. kama wan ushaidi mbona wasipewe makao uholanzi. Itawabidi bensouda na timu yake kurudi mezani na kufikiria hatua itakayofuata.

 

[Dr. Job]

Poll victims oppose Ruto’s request at ICC


Updated 5 hrs 15 mins ago
By Felix Olick

Nairobi, Kenya: Lawyers representing victims of post-election violence at The Hague have opposed a request by Deputy President William Ruto.

He had submitted a request to the International Criminal Court (ICC) Judges requesting to be tried in absentia.

Common Legal Representative of Victims Wilfred Nderitu maintained that an accused’s presence in court during trial was a matter of legal duty enshrined in the Rome Statute.

“It’s submitted that an accused’s presence in court is a matter of legal duty. Indeed if it were otherwise, then it would be expected naturally that many accused persons would elect to be tried in absentia,” Nderitu said in the submission.

Last week, Mr Ruto made a surprise move and asked Trial Chamber V Judges to waive his ‘right’ to be present in person during his trials that kicks off on 28th of next month.

In his request, Ruto argued that given that he is now Kenya’s Deputy President, exemption from sitting through hearings at The Hague would afford him time and space to discharge his new duties in line with the expectation and wishes of Kenyans.

“Mr Ruto’s waiver is submitted in order that he be permitted to discharge his constitutional duties to the Kenyan people,” his new Lead Counsel Karim Khan said.

Latest submission

But in the new submission by the victims’ representative, Nderitu urged the three-judge bench to dismiss the request saying that if granted, “the trial process and the court’s authority and effectiveness both stand to be undermined”.

Nderitu also maintained that it is only when an accused is physically present in court that the full appreciation of the process of discovery of the truth is assured.

“Giving assent to the procedure sought by the defence would not be in the interest of participating victims in the case, and is likely to result in ‘participation lethargy’ by victims and witnesses that may come before the court from time to time,” Nderitu submitted in the application dated Monday this week.

He told the judges that if the request is granted, victims’ participation stands to be seriously whittled down, arguing that the accused’s own participation is likely to be seen as merely symbolic.

ICC Prosecutor Fatou Bensouda had earlier opposed the request by Ruto, President Uhuru Kenyatta and Radio journalist Joshua arap Sang to attend their trials via video link.

The judges are yet to make a ruling on the applications, including a request by the trio to have their trials in Kenya or in Arusha, Tanzania as opposed to The Hague in Netherlands.

If the applications are dismissed, then the Head of State and his Deputy are likely to stay for long at The Hague as their trials continue.

Lined up witnesses

According to documents filed to the Trial Chamber by Bensouda and her office on January 9, she has lined up 77 witnesses for the two cases, all of who are estimated to take a total of 1,398 hours.

In the Ruto/Sang trial, the prosecution intends to call 43 witnesses. Bensouda estimates that the 43 will take approximately 826 hours in the courtroom.

In the Uhuru case, the prosecution hopes to call 34 witnesses. They are estimated to take a total of 572 hours in their main evidence and in cross-examination by the defence counsel.

Some 31 witnesses will testify on the facts of the PEV and three will be expert witnesses.

Standard Digital News - Kenya : Poll victims oppose Ruto?s request at ICC

 

[Ntuga]

Ruto and Uhuru the only thing infont of you is ICC, no way you can escape and for your information you'll be first african top leaders to be convicted and detained in the hague. You belong to jail, your political status can not guarantee you happiness and trust of peaople. No doubt everyone of us know that you financed the crimes against humanity in 2007/2008.

 

[Ntuga]

Na walisema kesi haitaathiri uendeshaji wa nchi,na wakaenda mbali kuwa wao wana wasaidizi kwa hiyo itakuwa sio tatizo kwenda Hague,tuliandika hapa kuwa hao wawili wanataka uraisi kwa kila hali si tu eti kwa ajili ya kuwasaidia Wakenya bali ni kwa ajili ya kukimbia kesi yao huko Hague na sasa tuna yaona.

ICC inawachanganya sana hawa jamaa, imagine a president and vice president stand in trial as defendants and the moment faund guilty the court blocks bail,...how dou you find it. Kenyans must regret this...shame,shame,shame. their recent commended constitution does not have any clause to protect such accused criminals to contest. This is the lesson for Tz coz usually african politicians copy bad things from other african countries for their advantage. Example Mugable disd the same as Kibaki did in 2007 and proposed for the grand coalition goverment to justify the sin.

recently the electrical commision of Tanzania announced the decision to use electronic voting system that has recently failed in Kenya, the rulling party CCM will use the same technelogy to steal votes as it happened in kenya and Ghana. It is well known that our countries (sub-saharan) faces an acute shortage of power and resources to host the said technology, so it is not high time to adopt it.

 

[Ab-Titchaz]

Na walisema kesi haitaathiri uendeshaji wa nchi,na wakaenda mbali kuwa wao wana wasaidizi kwa hiyo itakuwa sio tatizo kwenda Hague,tuliandika hapa kuwa hao wawili wanataka uraisi kwa kila hali si tu eti kwa ajili ya kuwasaidia Wakenya bali ni kwa ajili ya kukimbia kesi yao huko Hague na sasa tuna yaona.

Kamanda, leo jamaa kasema eti anaomba mahakama ihairishe maswala hadi Novemba....


Prove cooperation with ICC prosecutor, judges tell Kenya

Deputy President William Ruto wants the start of his trial at The Hague postponed. Photo/FILE NATION MEDIA GROUP

By DAVE OPIYO dopiyo@ke.nationmedia.com
Posted Friday, April 26 2013 at 23:30

In Summary

• Government given 12 days to explain how it is working with investigators
• Victims' lawyer opposes Ruto's bid to be allowed to use video link
• Deputy President says this will give his defence team more time to conduct investigations

Deputy President William Ruto wants the start of his trial at The Hague postponed.

Mr Ruto, whose case at the International Criminal Court was set to commence on May 28, has requested the Trial Chamber V judges to set a new date "not earlier than November 2013".

In a new application filed through lawyer Karim Khan, the Deputy President made the request to enable his defence team adequate time to conduct investigations necessary to properly prepare for his trial.

Said Mr Khan in the application dated April 25: "The Defence of Mr William Samoei Ruto respectfully requests the Trial Chamber vacate the scheduled May 28, 2013 commencement date of trial."

Mr Khan argued that the request arose from the failure by Prosecutor Fatou Bensouda to provide timely and effective disclosure of witnesses.

He accused Ms Bensouda of failing to disclose the identity of one of her witnesses until April 17.

Ms Bensouda, added Mr Khan, further delayed until the first week of April, the disclosure of audio records of interviews of four of her witnesses amongst others.

"The OTP's continued dilatory disclosure to the Defence as well as its general approach to the prosecution of this case has rendered the May 28 date absolutely unviable if the fair trial rights of Mr Ruto are to be guaranteed," said Mr Khan.

Mr Khan attempted to justify the rationale behind their request arguing that the chamber had on March 8 this year postponed the original trial commencement date of April 10 to May 28 "so that the defence could continue its investigations".

The lawyer said to date, Ms Bensouda had failed to disclose the identity of witness P-0534 to the defence despite the fact that the chamber had ordered that this be done by March 13.

"Accordingly, the Defence remains unable to review the witness's un-redacted statements and then plan and conduct investigation into the witness."

Ms Bensouda, in another submission to the court dated April 25, admitted that she had not disclosed the identity of the witness.

Meanwhile, the Trial Chamber judges at The Hague have given the government 12 days to justify its cooperation with investigations into the 2007/08 post-election violence.

The decision of the International Criminal Court came as lawyers for post-election violence victims opposed a request by Deputy President Ruto to be tried via video link.

Attorney-General Githu Muigai had written to the court complaining that Ms Bensouda had repeatedly made claims that Kenya had not been cooperating with her office.

In a detailed submission to the Trial Chamber V dated April 8, the AG wanted the court to order that such complaints against the government must be made "on notice" for them to have ample time to respond.

However, on Wednesday, the Trial Chamber asked the government to make its application and gave the parties to the two cases 14 days to respond to the submissions once the filing was done.

"Given the desirability of fully understanding the status of cooperation between organs of the Court and the Government of Kenya, the Chamber considers it appropriate to grant it leave to file observations on this issue and, further, to accept the submissions in the application," said the judges.

Prove cooperation with ICC prosecutor, judges tell Kenya - News - nation.co.ke