This is what to expect as ICC rules in Ruto’s case
Deputy President William Ruto’s moment of truth is at hand Friday as the International Criminal Court’s Appeals Chamber delivers its decision on the use of prior recorded testimony at 6.30pm.
The decision on the use of Rule 68 in the Kenyan post-election violence case will also have a major bearing on another, equally much awaited no case to answer motions by which Mr Ruto and Mr Sang are seeking the termination of the crimes against humanity charges against them.
Here’s what to expect:
1. The Appeals Chamber will deliver its decision at 4.30pm Hague time which is 6.30pm in Kenya. Given the usual 30 minute delay in streaming, Kenyans would most likely know the outcome of the Rule 68 appeal as from 7pm.
2. In case the Appeals Chamber upholds the Trial Chamber’s majority decision, out-of-court statements of five witnesses will properly form the body of evidence against Mr Ruto and Mr Sang.
This will strengthen prosecution’s case and also enhance chances of the Trial Chamber making a determination that the suspects have a case to answer. This will add fire to Jubilee’s and AU’s criticism of the ICC.
3. On the converse, if the Appeals Chamber rejects the application of Rule 68 against Mr Ruto and Mr Sang, the defence will be hoping for an acquittal and termination of charges.
4. The Appeals Chamber might also decide to uphold the minority decision of Judge Chile Eboe-Osuji that Rule 68 is not to be applied in this case and Article 69(3) is the most appropriate. In this case, prior recorded evidence of just about one witness will be admitted.
5. As it happened in President Uhuru Kenyatta’s case in which Ms Bensouda wanted the chamber to make a finding against Kenya for non-cooperation, the Appeals Chamber may decide to reverse the decision and remand (return) the matter with the Trial Chamber for a fresh determination under certain confines.