ICC Strikes Back and Ruto Panics

As we have said many times the ICC process can be very frustrating to those suspected of committing crimes against humanity. The court is relentless in the quest for justice.  Ruto just got whacked in the head as he thought he was already sailing to the presidency in 2020 (Don’t laugh now). That is supposed to be the grand plan.

Here is the problematic ruling which allows some of the testimony of so called hostile witnesses to be accepted in court. Nobody knows whether they will do the trick for the prosecutor but they are going to be part of the evidence. Essentially if they are allowed their value will depend on whether they corroborate other evidence before the court.
Here we go:


As expected the Ruto mob went nuclear with the new development and finally the ICC judges got fed up and is now telling them to shut up and stop intimidating witnesses:


The one thing these Kenyan politicians do not get is that it is one thing for the noise makers to be attacking the Prosecutor and doing their usual dance for their kings but attacking the court and making all sorts of incendiary threats can have consequences. The judge is telling these misguided loud mouths that what they are doing is proving exactly what the prosecutor has alleged that witnesses were being frightened and intimidated. That can’t be good for Ruto. Yes Ruto wants to appeal the ruling but even to do that Ruto needs the permission of the Trial Chamber. So zip it fellas.

Secondly there is the argument about Rule 68 which allows the use of recanted statements if there is proof of witness intimidation. Muigai claims that when that Rule was passed in the last ASP meeting, the court promised to African countries that the rule will not apply to this case. The court does not go with wayside promises. Unless the so called promises was coded in the ICC Rules and Procedures it is not worth a damn thing. In any event the ASP is not the ICC court. It is simply the Assembly of State Parties. Whatever rules they pass must be put into the Rome Statute. African dictators negotiated for Uhuru and Ruto not to attend all hearing and in exchange they helped to pass Rule 68. Be careful what you ask for.

40 comments on “ICC Strikes Back and Ruto Panics

  1. Hi DC,
    It seems that the panic mode has risen to another level all together with Kenya going back to where it started. Namely, accept our request on rule 68 to save Ruto or we withdraw from the Rome Statue.

    Now the threats seem not to be working withe ICC. Not even South Africa is interested in the nonsense anymore. It seems that Ruto and company will now be left with the judges whom they have been insulting for the longest period. Perhaps this is why the fear taking the case before the judges.

    The noise makers who went to ASP might just come empty handed and continue with their useless prayers.

    Here is the anxiety that has gripped the Ruto crowd.

    Meanwhile Uhuru is chilling with the pope.


    • mzee,

      The situation at the ASP has been bad news for Ruto. While Uhuru was praying for the pope to help him with corruption, I am sure Ruto was praying in his heart that the pope could help him with the ICC endless turmoil.

      As far as the ASP goes, Kenya’s threat to walk has been dealt with. The ASP bureau has agreed to put some innocuous language around Rule 68 while leaving it up to the court to decide on how to apply Rule 68.

      Rule 68 stays intact as was passed by the 12th ASP but there will be some kind of a statement to appease Uhuru’s mob and give them some face saving mechanism when they go back home pretty much empty handed.

      ASP members figured you throw a little bone to the mob and they will scamper away howling and leave everybody alone. Then when they check out the whole thing they will realize they got nothing.

      The final text is coming out soon but it is not what the baying mob wanted. Good thing they are easy to please. That is how Rule 68 worked in the first place. They signed their own death sentence without knowing. They are going to do the same thing exactly.

      Here are the tweets from some of the people there:


      From the tweets you get the understanding that members were getting fed up with the Kenya issue but also did not want to be seen as telling Kenya they can leave the ICC if they want. The members then drafted a general statement saying that according to their understanding of Rule 68 adopted in Nov. 2013, the rule should not apply retroactively according to the Rome Statute.

      The members refused to add words to the effect that Rule 68 should not apply to any existing cases if it is detrimental to the suspects. Kenyans had specifically added that to the draft yesterday and it was deleted.

      Then making things obviously worse for the noisy politicians at The Hague the members refused to include their statement in the Omnibus Resolution for ASP14. They only accepted to include it in the general report of the meeting. Now the problems is the ASP report is non binding document of the ASP while resolutions passed at the ASP are binding to the court.

      Effectively Rule 68 remains as it was passed on Nov. 17, 2013 and the ICC judges are free to interpret it as they choose.

      If a resolution was passed as Kenya requested saying that Rule 68 should not apply to the existing (Ruto) case that would have had a devastating impact because it would have meant that the Trial Chamber ruling on the recanted evidence would be rendered null and void. The ASP refused to do that and basically told the Ruto mob to take their case to the judges and wait for the results of the Appeal Chamber.

      But I don’t think the lazy anti-ICC mob understand the difference between making a statement in an ASP report as opposed to passing a resolution of the ASP. They will get that sometime in the near future. Now they are going to jump around talking about a big success at the ASP. That is why the ASP acted this way. Give the kids some toys and they stop crying for a bit. Just great.


      • Adongo,

        The final text says that the ASP reaffirms its understanding on the non-retroactive use of Rule 68. Some people have focused on the fact that the statement was not in a resolution and is therefore not binding on the court. True, but not particularly important.

        Non-retroactive use of Rule 68 comes via its link to Article 51, i.e. “cannot be used retroactively if detrimental to the accused”. However, in its decision that led to all this, the chamber explained why, in the legal sense, the use of Rule 68 here is neither “retroactive” nor “detrimental” to the accused. Therefore, contrary to what people think, the trial chamber’s decision stays until the appeals chamber rules, and Ruto’s trial continues from January.

        The focus on Rule 68 is also a waste of time anyway. Whatever the appeals chamber rules, Osuji (presiding judge) has implied, in his dissent to that rule 68 decision, that the testimony will come in anyway, via the path he would have preferred. That is Article 69, which allows judges to admit whatever they think will help uncover truth.

        Many Kenyans will be fooled into thinking that a major victory has been achieved for Ruto, and they will be livid when they find that nothing has changed. The Kenyan problems now with Rule 68 actually arise from the fact that when the rule was amended (with their vote included) they did not pay careful attention to all the subtleties involved.


      • Adongo,
        You are right. It has finally hit the fan.
        Even the Kenyan media is pretending and lying to Ruto that there is “confusion” as to the decision taken by ASP.
        It reality they just fear telling the truth, namely, that the request has been basically trashed and the judges have been given powers to decide on what to do.
        But I do think that even if that rule were to be trashed, which it was not, there is rule 69 that deals with the same issue but in a different way. This is what Judge Osuji had wanted the court to rely upon instead of rule 69. This rule covers direct and indirect attempts at interfering with witnesses. It also take into account utterances by government officials, MP, church officials etc. My take is that in one way or the other Ruto is in a mess.

        According to Judge Osuji:-


      • Mzee,

        Here is a decent summary of what transpired at the ASP.



        The noisy M.Ps got nothing but they were given some empty statement to shut them up. And the excuse of “oh we are going to quit the ICC” is now officially dead.

        Even quitting wouldn’t help Ruto but Uhuru pretending to cooperate forces him to take some little action like getting arrest warrants for those intimidating witnesses.

        They can refuse to turn them over to the ICC but as that list grows and with increasing pressure at the hearings that Ruto’s agents are running amok with witnesses is going to cause big problems.

        Also the ASP has had it up to its eyeballs with the theatrics and tantrums of the anti-ICC politicians. The courts are going to decide this case.

        Even the Kenyan media are getting to the bottom of what really happened despite the celebrations of a fake victory.


        And here is an interesting take by Muluka:



      • Bwana Adongo,

        Perhaps this OP-ED by Kegoro is one of the best explanations about what went down at the ASP. It clearly shows that Kenya came back with zero

        There is much confusion about what actually happened at the 14th Assembly of States Parties (ASP) regarding Kenya’s endeavour to ensure that Rule 68 of the Rules of Procedure and Evidence is not applied retrospectively in the case at the International Criminal Court (ICC) against Deputy President William Ruto and journalist Joshua arap Sang.

        Kenya went to the Assembly with two demands.

        First, that Rule 68, which allows the use of recanted evidence, be suspended in relation to the case against the Deputy President.

        This demand was based on Kenya’s assertion that assurances had been made during the 12th Assembly in 2013, when the rule was amended, that it would not be applied retrospectively on the Kenyan cases.

        The second demand was for the appointment of an independent panel of jurists to investigate allegations that there had been misconduct by the Office of the Prosecutor in the investigation of the Kenyan cases.

        On the first issue, Kenya expected a resolution by the Assembly stating that Rule 68 would not be applied to the Kenyan cases.

        Pursuit of such a resolution, however, failed on the day that the issue came up for debate before the Assembly.

        While Kenya had hoped for support from the other 33 African state parties to the Rome Statute, only Uganda spoke in Kenya’s support.

        All the other African countries chose to remain silent during the debate, while non-African countries opposed the demands.

        Kenya was badly isolated.

        Further, it transpired that the parliaments of Mali and Cote d’Ivoire had sent petitions to the bureau — the ASP’s executive committee — opposing the listing of Kenya’s items in the agenda of the Assembly, which meant that the unified African position that Kenya had projected was only an illusion.

        Ultimately, what Kenya got out of the Assembly was consensus by members that language would be included in the report of its proceedings, as opposed to a resolution, that Rule 68 does not apply retrospectively.

        In ordinary-speak, what Kenya got was a concession that the minutes of the 14th Assembly would show that the minutes of the 12th Assembly had decided that Rule 68 would not apply retrospectively.

        Since there was no dispute that the minutes of the 12th Assembly, in fact, said this, and since the body of the rule also provided this, Kenya was fighting over nothing.

        During the week, there was a long stalemate resulting from Kenya’s demand for a resolution.

        The bureau rejected the possibility of a resolution and was only prepared to allow a statement in the record of proceedings.

        Thus, Kenya failed in its intention that Rule 68 be suspended, and in the further intention that there should be a formal resolution to this effect, or to any other effect, touching on the rule.

        Instead, the Assembly in essence noted Kenya’s interpretation in its proceedings.

        In practical terms, this was a vacuous outcome for Kenya because Rule 68 itself makes a qualified declaration that it will not apply retrospectively.

        A number of countries that were concerned about any negative effect that might result from Kenya’s insistence that the proceedings reflect its view on Rule 68, then also insisted that their own reservations should be officially recorded.

        On behalf of 34 other countries, Canada expressed the view that the record should reflect that the ICC was an independent court body and free from political interference.

        Liechtenstein, Switzerland and Austria insisted that the Assembly must preserve the integrity of the Rome Statute.

        Kenya also failed in its demands for appointment of a panel of jurists to investigate the Prosecutor.

        There was concern that this was Kenya’s attempt to gain access to information about witnesses with a view to tampering with them.

        Again, the Assembly only agreed to reflect Kenya’s concerns in its proceedings.

        Kenya engaged in remarkable arm-twisting during the two weeks that the Assembly lasted.

        Having lost during the plenary debate, Kenya created its own new chances for re-debating the issue in the second week.

        With the option of the Assembly now shut, Kenya opened a new frontier of engagement in the new week, by initiating an attempt to have the substance of its concerns included in the omnibus resolution of the Assembly.

        The “omnibus resolution” is a wide-ranging general resolution that the Assembly passes each year, as a high-level affirmation of continuing commitment to the ideals behind the Rome Statute.

        Kenya now wanted the working group on the omnibus resolution to also include a paragraph to the effect that Rule 68 would not apply retrospectively.

        During Monday’s open meeting of the bureau, there was much hostility towards Kenya, with several bureau members objecting to the fact that Kenya was pursuing two tracks for one issue.

        With the path to the omnibus resolution blocked, Kenya was confined to negotiating within the bureau, where a number of members took the view that Kenya could not get from the bureau what it had failed to get from the Assembly.

        With the bureau adamant, Kenya was forced to downscale its demands and, several times, provided drafting that might be acceptable to the bureau.

        Kenya also downscaled its demands regarding the form in which whatever outcome it desired would be reflected.

        Originally, Kenya wanted a suspension of Rule 68 but then climbed down to demanding a stand-alone resolution, before further climbing down to seeking inclusion in the omnibus resolution.

        With that possibility also blocked, Kenya now negotiated for the inclusion of its language in the report of the proceedings of the Assembly.

        Kenya tried several other tactics, including a side event, to further explain its case.

        At the event, Kenya made a well-articulated statement on the reasons why it was seeking a decision on Rule 68.

        A representative of the prosecutor’s office replied that the issues Kenya had raised in the session were a replica of arguments that the African Union and Ruto’s defence team had made in his case in court, and which was pending a decision of the judges.

        There are only snippets of information about what actually happened behind the closed doors of the bureau.

        At one point, Kenya stormed out of a meeting of the bureau.

        Throughout the negotiation, Kenya maintained its threat to pull out of the ICC if it did not get what it wanted.

        On Thursday, Kenya informed bureau members that it would withdraw from the ICC and that the Kenyan Cabinet was meeting in an hour to implement the decision of Parliament to withdraw.

        Kenya also threatened that it would report to the AU in January, a threat that Foreign Affairs minister Amina Mohammed had already made during the open debate at the Assembly.

        Three other African countries, Uganda, Burundi and Namibia, are said to have expressed readiness to join Kenya’s walkout.

        To increase its leverage, Kenya also started putting roadblocks on the negotiation of the omnibus resolution by objecting to almost everything proposed and thus delaying consensus.

        In private, Kenyan MPs, frustrated by the obstacles Kenya was meeting, also maintained threats that they would use their influence to ensure that the government did not award contracts to countries that had opposed its efforts at the Assembly.



      • And here is the complete ICC Trial Chamber ruling on the application of Rule 68 to the Ruto case. It is very detailed and specific as to why they applied the rule to the case. This is going to be very tough to overturn by the Appeal Chamber.

        The key piece is that Rulle 68 cannot apply retroactively if the application is detrimental to the accused. In every single case the Triall chamber allowed the rule to be applied they addressed that issue by showing that the witnesses were cross examined by the defence.

        Second the ruling goes to a great length to demonstrate that the witnesses admitted in court to having gave put the statements they are now recanting. The judges also point out that the witnesses signed the statements voluntarily. That is another requirement of Rule 68.

        Last the judges point out allegations of witness tamaering and interference which most likely led them to recant their original statements.

        Here we go:



      • What would be interesting is, lets suppose for one moment, the hammer falls on Ruto. Previously they had blamed Raila, now we have un-coerced confessions of Moses Kuria. The RV fallout will be interesting to follow, ni hayo tu. TNA is going to move the earth to postpone that moment to 2018 or later than elections 2017

        Maybe even bring in earlier elections. That fall out will be of large proportions, Uhuru had better start buying Gideon today.


      • Folks,

        I found this record of the arguments regarding the Ruto case and Rule 68 and it is quite fascinating. I had missed it completely.


        I this piece Bensouda directly addresses the issue of retroactivity in terms of applying Rule 68 to the Ruto case. Just two things.

        1. The amendment to Rule 68 was signed into the Rules and Procedures in Nov. 2013. It actually amended only a few parts of Rule 68 which already existed.

        2. Bensouda argues that the OTP application to introduce evidence based on Rule 68 to the Ruto case was made long after the amendment and therefore cannot be considered to be retroactive.

        So the application was made long after the amendment was done. It has nothing to do with when the case commence. That is a big deal.


  2. Adongo,
    Sometimes you need to sympathize with William Ruto. He seems to be done for. Yet he majestically hangs in there as if all is well. Besides, he has been technically abandoned by the TNA crew, never mind the useless prayers (as if God does not love victims). Even his noise making crew the likes of Murkomen have all but lost their voices. Its that serious.

    Now, I saw “Dr” Matsanga the Ugandan fugitive and Ambassador Kamau representing Kenya at the ASP. That made me wonder why a fugitive should be near such an important matter if at all its important to Ruto.

    Having Said that, the noise was not going to help. The politicians were just outdoing each other in sycophancy after all no one of any significance was going to give the bunch an audience. Yes, they were going to dance outside the venue but thats just about it.

    Now that shit has finally hit the fan, what are they going to do? I have read elsewhere that Kenya is going to withdraw from the Rome Statue if they are not allowed their way with rule 68. Well, it seems that ASP has called their bluff.

    In my opinion Ruto is wasting time on useless stuff that are not going to help him instead of putting up a formidable defense to reduce the jail term he is probably going to get.

    The unfortunate thing with the Ruto case is that the shoulder that he went to cry on is the very shoulder that did him in. But as you (Adongo) often say, thieves don’t have honor even among themselves.

    The only alternative remaining for Ruto is to actually abscond the trial and become a fugitive. If Uhuru can guarantee his protection for the next 50 yrs then he will be home and dry. otherwise things are going to get very rough as we approach 2017. Meanwhile, I believe that a replacement for William Ruto has been identified and already limbering on the sideline waiting to jump into the field. Its a sad state of affairs but such is life. The victims are suffering and have continued to suffer. I have no sympathy for anyone who orchestrated or murdered, deported and raped people


  3. Adongo,
    Sometimes you need to sympathize with William Ruto. He seems to be done for. Yet he majestically hangs in there as if all is well. Besides, he has been technically abandoned by the TNA crew, never mind the useless prayers (as if God does not love victims). Even his noise making crew the likes of Murkomen have all but lost their voices. Its that serious.

    Now, I saw “Dr” Matsanga the Ugandan fugitive and Ambassador Kamau representing Kenya at the ASP. That made me wonder why a fugitive should be near such an important matter if at all its important to Ruto.

    Having Said that, the noise was not going to help. The politicians were just outdoing each other in sycophancy after all no one of any significance was going to give the bunch an audience. Yes, they were going to dance outside the venue but thats just about it.

    Now that shit has finally hit the fan, what are they going to do? I have read elsewhere that Kenya is going to withdraw from the Rome Statue if they are not allowed their way with rule 68. Well, it seems that ASP has called their bluff.

    In my opinion Ruto is wasting time on useless stuff that are not going to help him instead of putting up a formidable defense to reduce the jail term he is probably going to get.

    The unfortunate thing with the Ruto case is that the shoulder that he went to cry on is the very shoulder that did him in. But as you (Adongo) often say, thieves don’t have honor even among themselves.

    The only alternative remaining for Ruto is to actually abscond the trial and become a fugitive. If Uhuru can guarantee his protection for the next 50 yrs then he will be home and dry. otherwise things are going to get very rough as we approach 2017. Meanwhile, I believe that a replacement for William Ruto has been identified and already limbering on the sideline waiting to jump into the field. Its a sad state of affairs but such is life. The victims are suffering and have continued to suffer. I have no sympathy for anyone who orchestrated or murdered, deported and raped people.


    • mzee,

      When Kamau was asked if Kenya was naïve to not demand that the “assurance” or “understanding” that Rule 68 will not be applicable to the Uhuru and Ruto case be written into the amendment, he replied that they assumed that everybody knew that the “assurance” will be applied by the court. That is as dumb as it gets. Courts don’t go by alleged verbal assurances in any jurisdiction of law. That is why laws are actually written down.

      And it gets worse. According to the story you have posted, Kamau claims that they are going to ask the Assembly of State Parties to pass a new amendment to specifically state that Rule 68 will not apply to the Ruto case. There is ignorance and then there is this kind of madness.

      The court has already made a ruling. Even assuming that the ASP was to make such amendment in November, it is unthinkable that the Trial Chamber would be asked to go back to a ruling they have already made and apply a new amendment. The ASP will not subject themselves to such ridicule. They are smarter than that. Ruto is on his own as far as this thing goes. If that ruling stands any appeals on it, Ruto is cooked. That is just what it is.

      But here is what I find to be very dangerous:


      Ngunjiri in his now boring daily whining about the ICC is claiming that if Ruto were to be convicted Kenyan will turn into Syria. He is actually telling Kenyans that once Ruto is convicted, the Kalenjins will unleash terror and violence against Kikuyus and other communities in revenge. This is just total rubbish. The reason we are having this case at the ICC is because politicians have been organizing mass murder against Kenyans every election cycle and in 2007/8 it went nuclear leading to more than 1,300 dead from both state organized and communal violence. When the Kenyan government couldn’t deal with it the ICC took over. “Don’t be Vague go the Hague.” We remember that.

      Ruto and Uhuru then turned the whole ICC quagmire into a ticket to State House claiming it was all the work of Raila and the likes of Obama etc. Some of these people actually believed their own lies. Ruto’s job was to deliver the Kalenjin votes for Muthamaki. That job is now done. Now to come around and start threatening Kenyans with mass murder should anybody be convicted of mass murder at The Hague is childish nonsense. The reason we have not seen any politically motivated mass murders is precisely because the politicians are scared shitless about the ICC. You try anything foolish you know where that ends.

      So the likes of Ngunjiri and others should shut up and stop blackmailing Kenyans about mass murder of their vote delivery boy is convicted. The real reason the Jubilee noisemakers are shaken up is because they know if Ruto gets his ass kicked at the ICC, Uhuru coalition of the accused has no leg to stand on. They should restrict themselves their fight to keep Uhuru 20 year government fantasy.


      • Now this is absolutely hilarious:


        Mugabe of all people have been tasked with making a presentation to the UNGA to request that the case of Ruto and Bashir be deferred. Does anybody remember the deferral/referral saga a few years ago. It flopped then. Badly. This new plan is worse than a joke. Granted it is an attempt by Uhuru to show his vote delivery vessel that he is still working to save Ruto’s ass. Nonsense:

        Never mind that there is nobody in the UN who even wants to look at Mugabe’s face. Now you want this internationally despised pariah to put a case for Ruto and Bashir to the UNSC? Please.

        Apart from the useless theatrics here are a few facts.

        1. For a case before the ICC to be even considered by the UNSC, there has to be proof that there is virtually a state of war or complete civil strife that could destroy the whole country and region should the case proceed at the UN. There is no such situation in Kenya. If Ruto and Uhuru want this to happen they will have to advise their various militias and communities to start a complete war to make this case even reach the desk at the UNSC. So far it is only Kuria and a few lunatics talking nonsense. That doesn’t count.

        2. Before an agenda item can be submitted to the UNSC it must be sponsored by 9 out of the 15 members of the UNSC. I am not sure Uhuru and co even knows the names of the members of the UNSC or the countries they represent. I saw Uhuru talking to somebody from Guyana. Waste of time. In any event those who sponsor such agenda items have to be sure that the five veto members are all on their side. So this whole thing is a nonstarter.

        3. This is nothing but a side show to try and appease Ruto while his goose get cooked. The matter will not be discussed anywhere during the UN meeting in New York.

        4. The whole point here is that the Uhuruto noisemakers are beginning to see the magnitude of the problem even though as usual they are still in denial. Unless the ICC Appeal court rules in Ruto’s favour, things are going to get very hot. And soon.


  4. Adongo and Admin,
    Its going to be a very very long year for Ruto.
    Obviously the prayers are on as if the victims don’t need a God. This is madness, instead of calling prayers for those affected, some still without homes, busy bodoes are praying for the accused.

    So will Ruto move to Sudan and be protected by Bashir? Who knows, he might for things are becoming elephant by the day. But will Bashir allow him in Sudan? Probably yes for they are “brothers in arms”.

    You must give it Bensouda. She acted as if she was already defeated and was on the verge of giving up only to strike back with a vengeance. Now the URP mob is back in the street insulting her again.

    The more these people are calling rallies to defend Ruto the more the ICC is kazaring kamba around his neck. Sooner or later he will realize that the noise don’t even reach Hague.

    Uhuru himself has stopped talking about ICC all together. This is a battle Ruto has to fight sole. Pole sana


      • Adongo

        I just don’t get whatever the strategy was behind this Kuria idiocy

        To be seen as trying to free Ruto is the aim of course. Maybe it was supposed to be done on a low scale, but they got this buffoon who is probably being coached by Matsanga (the ICC slayer)

        As predicted
        a) The ICC is bound to come calling – and then this guy has to either recant or toboa everything. If it amounts to slander there will be consequences. If he intends to commit perjury, there’ll be consequences. He cannot wiggle out of this. Ruto’s life is literally on the line and now there is no going back.

        b) not just Karua, but any other person so mentioned by this idiot can sue him

        c) in the process he has all but declared kibaki’s 2nd term a complete fraud – curious about the ramifications of this

        d) Ruto’s ICC lawyers will have to milk this

        e) Ruto’s local lawyers should in the meantime be preparing the mother of all suits to nail this fixer and demand unprecedented compensation

        f) still dont know what whistle the DPP is waiting for, when this self confessed thug has stated in public that he fabricated evidence, caused other persons to commit fraud etc, all of which are offences carrying from 5 to 7 years in jail

        But looking at point (c) above, its only a matter of time before someone realizes that this thing is going to spiral out of control and judging by their known modus operandi, we start looking in river chania


      • Admin,

        Kuria is going all the way to liberate Ruto from the ICC: Don’t laugh but here it is:


        If Ruto’s defense is dumb enough to carry this pile of cow dung to the ICC as a witness, Bensouda would b every happy. She will just wait to cross examine him and it will prove once and for all that the ICC is not hate festivals called prayer rallies where you open your mouth and whatever comes out comes out.

        Kuria will have to name the witnesses he bought to fix Ruto. Kuria will have to explain to the court exactly how the fixing was done. Kuria will also be required to provide the evidence of how Raila, Nyong’o and Martha Karua helped in the fixing Ruto.

        If it trurns out as it will that he is lying about all these claims and trying to malign the work of the Prosecutor and the ICC he will have a case to answer never mind that he would have done a grave harm to Ruto’s entire defense.

        My sense is that the Ruto defense lawyers will not bring Kuria in after listening to his fantasy but considering the kinds of witnesses the Ruto team brought to the Pre-Trial Chamber anything is possible. There are lunatics in this world and then there are people like Kuria who are more dangerous even to themselves.

        In any event, if the defense drops him after figuring he is an incorrigible liar, the ICC Prosecution team will go after him. He asked for it.

        And as expected the ASP is telling Uhuru to get lost. They are not revisiting Rule 68. ASP cannot micromanage the judicial peocess at The Hague. It doesn’t work like that. This is not the Kenyan courts.


        Here is Raila’s bombshell on the Kuria/ICC circus:


        Drama, drama and more drama. It just never ends.


      • Adongo and Admin,
        Now that Kuria has come up with”tight evidence” that might just free Ruto, the big dollar question is why now? That there was PNU hand in Rutos case is not new. Kenyans had always known it. The only thing remaining was to know how it was done and who did it. I for one never thought, in my wildest of dreams that someone would actually come out and confess. Moses Kuria has just done that. He has done the unthinkable and pinpointed those that he was working with to procure witnesses. He has named Martha Kurua. Now wether this Karua thing is true or false is neither here nor there. They will have to sort that out amongst themselves. Thieves have no honor even amongst themselves.

        Throwing Railas name in the mix was expected. RAO has always been their pet subject and punching bag whenever cornered. But since he (Kuria) was not working with ODM he would not know the ongoings in the party. At any rate if there was any slight evidence on RAO/ODM, then Ruto would have revealed it ages ago.

        As Martha Kurua always puts it, Ruto´s own actions led him to the Hague. I do believe her on this. But as we all know, a whole government machinery was put in action by Kibaki to not only unearth what happened but where possible use the likes of Moses Kuria to make sure that ODM members landed in deep trouble. Never mind that Kibaki´s election theft was the trigger of all this.

        I saw Ruto running to Kuria to request him to be a witness. Obviously he agreed but my guess is that lawyers at the Hague will tear him apart. The letter from Nyongo that he often waves as evidence of ODM fixing Ruto is not even a secret and I’m sure both the defense and prosecutors at ICC have seen it. In otherwords, Kuria can only have something on his former bosses Kibaki and Uhuru. If Bensouda gets serious with these allegations then we will see fireworks at the Hague and the very soft belly of PNU and its chiefs will be finally exposed. But my hunch is that Moses Kuria will never witness for Ruto. This was just some sort of foolish publicity stand that he wanted to pull which backfired badly.

        He has put Ruto is the worst possible situation. Besides he will be forced to reveal all those who were part of the conspiracy, if he witnesses. But will he?


      • mzee,

        This whole thing is taking a life of its on and it is not pretty.

        First we have Raila giving his conditions if he is required to help Ruto at the Hague. Raila has named names of those whom they argue prepped the case against Ruto. The list looks very credible. Basically Raila is asking Uhuru to ask his agents in the operation fix Ruto to come clean and give us the evidence they manufactured so that someone like Raila can go to the Hague and help unearth the falsehoods.


        They asked Raila to help, and he is telling them to call out their barking dogs and get them some dog food after vomiting the crap they claim they piled on Ruto.

        Then Uhuru’s chief lunatic comes out and now says he is ready to go to the Hague and actually claims he helped recruit five witnesses to help lock up Ruto. I thought the Ruto lawyers would be too smart to get this nasty piece of work to The Hague because he may end up proving Bensouda’s case against Ruto but in the mad house sometimes there are no rules.


        Taking Kuria to the Hague would be suicidal for Ruto but it seems everybody is fighting their own battles and as usual the left hand may not know what the right hand is doing. It is funny that there is an emerging TNA group who wants to put a lid on the Kuria fixing crusade. They are getting scared this thing could explode and kill their Kalenjin voting pool for 2017. As far as these people go they need help from their voter delivery vessel for 2017. After that they would care less where this whole thing all ends up.

        For Ruto it seems he is totally confused as to what to do next. He needs to stick to Uhuru right now come hell or sin. Tackling the fixing stories is another issue altogether. Ruto and Uhuru sold the lies of Raila fixing both of them. It was a stupid lie but it worked for them. Now the reall fixers are coming out and any fool knows that there is no way Raila could have recruited the likes of Moses Kuria to work for him.

        Raila to his advantage have realized that just letting these guys spread their usual lies and ignoring them hoping that Kenyans will see through the lies is not a good strategy. It is better for him to go on the offensive and give his side of the story. He is doing just that and it scaring the hell out of a lot of people.

        So both Ruto and Uhuru are caught in a bind. Of course they know they were lying to fool Kenyans. But what do you do now? Go with the old lie and let Ruto rot in jail or admit you lied before and try some machinations to get spilt milk from the soil back to the milk gourd. No easy task and therein lies the nightmare.

        In the real world away from the drama and delusions of the Kenya politics the Ruto defense team has filed their appeal against the ruling on Rule 68. The Appeals court rejected the attempts by Uhuru and Museveni to have their countries included in the appeal process but they allowed to AU to enjoin the case.

        The crux of the appeal against the Trial Chamber ruling according to the statement from the President of the Appeals Chamber is to determine whether applying Rule 68 and bringing in testimonies for five witnesses who later recanted “offends Article 24(2) and Article 51(4) of the Rome Statute.” That is really the crux of the matter. Both Article 24(2)0 and 51(4) specify that any changes or amendments on the Rome Statute of the Rules on Evidence and Procedures should not be applied retroactively if by doing so it harms the rights of the suspects.

        On the surface of it one would think any amendments should not be applied retroactively at all. However a closer look at the articles reveals that the emphasis is on whether such evidence harms the suspects. Any evidence would harm the suspects but the ruling by the Trial chamber was very smartly nuanced by the judges specifically to avoid falling victim to that requirement. That is the battle Karim Khan is dealing with as TNA and URPP politicians vomit crap everyday. Khan is trying to prove that these specific evidence is deadly to Ruto and if accepted would burry him.

        But here is the problem: Look how carefully the ruling was crafted.

        Trial Chamber V(a) said they admitted the recanted statements as evidence because both prosecutors and defense lawyers had the opportunity to question the witnesses about the contradictions between their testimony in court and their previously recorded statements. The chamber also said they allowed the statements to be admitted as evidence because during the course of the witnesses’ testimony, allegations of witness interference were made, including in some cases allegations of money being offered to the witnesses to change their statements to the prosecution.

        What the judges are saying here is that they allowed these five witnesses testimonies to be admitted because four of the witnesses were made available to the court via video and were cross examined by both the prosecutor and the defense and therefore any damage their testimony could do to the suspects were handled by the defense. In other words it will be up to the court to look at the testimony as well as the rebuttals by the defense to determine what evidentiary weight the testimonies have. That is what negates the argument that these recanted statements would harm the suspect.

        Khan was in court when the witnesses testified and he asked them questions, end of story. It will be up to the court to determine whether the witnesses were lying when the gave their testimonies to the ICC prosecutor or if they were lying now when they recanted those statements after being bribed, intimidated and scared to death. That is why I find it curious that people like Kuria and others are still spouting names of so called witnesses in prayer hate festivals.. That is exactly the intimidation that helped the court rule against Ruto. Keep it up.

        In the meantime the Jubilee mob are facing a nightmare on what to do with Raila’s statements on the Ruto case. They understand Raila knows what he is talking about and he is talking about real things and plans that got Ruto on the dock. It starts with the NIS dossier. They can see the truth, but can they handle it?

        Here we go:



      • Adongo,

        Some of these TNA guys had been nudging Raila for years about the ICC issue. I think that they had come to a conclusion that Raila as usual would just ignore their noises. They also believed that calling Railas name was good politics. It was the glue that they needed to cement the relation between TNA and URP supporters. Now that Raila has come out guns blazing everyone is now asking for calm and a stop to the ICC counter attacks. But it’s now too late for the hate bridge they build using Raila has all of a sudden come down crushing. The crush has happened because of two or three statements from Raila. The so called prayer rallies were built around Raila/ODM fixing Ruto. Now these people won’t know what to pray about. The suspicion that was covert is now overt. The wolves are eating themselves.

        Raila has simply said that those who are praying for and with Ruto are the very same people who fixed him. If you listen to Kalenjin vernacular radio stations then you will realise that only a few kalles now buy the Raila–fixed-Ruto nonsense. The damage Kuria has done can never be reversed. Imagine a situation where Ruto is jailed and all the fixers are from PNU?

        But as you said, the conditions Raila has set are too high to attain for this mob that fixed Ruto. I do believe that the government would have released the NSIS dossier to Ruto if it did not contain some very high profile names. Names that helped in the fixing process and who have been lying to him all along.

        If you read the 10 points ODM published that points to Uhurus culpability in the Ruto case then you realize that this thing has become high octane that threatens to shred Jubilee. There is total confusion and utter disbelief that it has finally come to this.

        Ruto is sitting between a rock and a hard place. He cannot make any noise for he understands that the government in which he is DP hold everything against him. According to ODM, Uhuru Kenyatta has flatly refused to release the so called Gichangi dossier held by NSIS to Ruto. I believe this is what Ruto thought he would have access to on the first day he became DP.

        Raila was a PM and he has probably seen and read the dossier and understand the implications of releasing it to Ruto. That’s why he is challenging Uhuru about it. He is saying, release the dossier to Ruto for him to see the fabricated evidence. As I said before the fabricated evidence might not be the problem but the names of those who did the fabrication. Might be NIS should redact the document before releasing it, in which case it might be of no value.

        I wonder if these guys will keep challenging Raila on the ICC matter lest he reveals even more


      • Still don’t get what the dog handlers were thinking when they unleashed a rabid dog Moses Courier (saw that somewhere). Can understand the man has no common sense and draws a close resemblance to the caricature titled “do not argue with a fool, no one will tell the difference”

        Must admit that am somewhat impressed that Kalenjins have somehow allowed themselves to believe a lie that was so wrong, for this long. To be honest, in Kenya theirs only community I know that thrives on corruption and dishonesty at small and grand scale (they know themselves). And will go to great lengths to capture leadership (by hook or crook literally), even if they cannot do much with the leadership.

        Anyway, at the end of this very long day, and when finally WSR himself finally gets it. He will have to realise that the illusion he was presented with and continues to live in, though appears glossy and comfy, has hurt and continues to hurt his community irrepairably. There will be no surprises. he was told by Uhuru right from the get go, that Uhuru can not support him but expects Ruto to support Uhuru unconditionally. Hoping for a miracle 2022 or whenever is a strange fantasy.

        The real genius here is that WSR has been able to sell this to RV. either he’s genius or the flock are dumb beyond redemption. I doubt that so its more of a WSR playing victim and RV surrounding him to protect him. And who are better coaches than the community that fixed him, who are excellent players at victim while stealing from under your nose

        Note: community is used here to mean a select few tribal dolts.


      • mzee,

        You have a point that Raila’s statements and offer to testify puts Jubilee chaps in a quandary. On the one hand the info Raila has given out is credible and just can’t be ignored. But the info put the jubilee king in the middle of the whole fixing scheme. Raila has a point. Let’s assume for the sake of argument that Ruto was fixed by kina Kibaki and Uhuru to nail him.

        That makes sense. At the height of the PEV, Ruto was considered as the butcher of the kikuyus who wanted them out of Rift Valley specifically out of places like Eldoret and Uasin Gishu. Ruto was known as Kabuga by the Mt. Kenya mob. They wanted him dead even if from lightening. They would have done everything and anything to nail him and when the Waki Commission came by that was a perfect opportunity to nail the devil on the cross.

        In the scheme of things this is how things would go done.

        1. Everything starts with Gichangi and the NIS. These are the people who gathered all the information about the mass murders. If you start with the horrific church roasting of people hiding in that church, the NIS would get all that happened in there even without knowing who planned the whole thing.

        The NIS would gather info about the use of gasoline, the locking of the doors, the shocking grabbing of kids trying to escape and throwing them right back into the burning hell on earth. The NIS would gather info from survivors, eye witnesses and forensic evidence. The nightmare for them is that they wouldn’t know who planned the whole thing and that is where the fixing begins.

        2. Once the evidence is gathered and the magnitude of the horror is laid bare Kibaki and kina Uhuru decide they have to lay this on Ruto and provide evidence to the Waki Commission that Ruto planned and executed the whole mass murder of Kikuyus. NIS would have to procure “witnesses” feed them with the info and get them to claim they have evidence Ruto was involved in planning and carrying out the operation.

        The essence of the matter in this case is that people were massacred in that bloody church in big numbers and in the most brutal way imaginable. That is just a fact. Nobody can change that. The crime and the victims are real. You don’t need to fix that, sadly enough. But you can fix a few “political enemies” with the crime. You just need to be clever by half. That is where Kibaki, NIS and Uhuru went to work.

        Nobody could possibly coach witnesses without having the raw information to plant on Ruto and that is why NIS is the key piece to the whole fixing conspiracy. Raila is right on the money about that. As a matter of fact Raila is just lucky that there were no mass murders of Kikuyus in Kisumu and in Nyanza. If that had happened the NIS would have found ways to get witnesses to tie Raila to all that and he would be right now doing time at The Hague.

        3. It would be at this stage of laying the traps to destroy Ruto whom they hated with a passion that people like Kuria, Murathe, Kamotho Waiganjo. Mutea Iringo, Njenga Mwangi, Nancy Gitau etc were brought in to dig in and get people to be spoon fed the NIS dossier and to be prepped on how to tie Ruto with all that. Remember at this time nobody knows the ICC is coming in. The job is to get the Waki Commission to Have Ruto etc tied with the murders. They got Kosgey too but he was smart enough to get himself out of the cooking pot.

        4. The Local Tribunal plan then falls apart and the slogan is ‘Don’t be Vague go to The Hague”. Again the fools shouting about all these do not know whose names are in the Waki report. Many of them probably think Raila’s name is on top of the list. Little do they know that the same people shouting about The Hague are the ones whose names are in there.

        When the Tribunal move collapses after several attempts, Waki hands over the dreaded envelope with all the incriminating secret dossier from Gichangi to Kofi Annan who off loads the whole stuff to the ICC.

        5. After the matter goes to the ICC and suspects names are made public there is panic and despondency from the same crowd who wanted the matter handed over to The Hague. Uhuru with the help of Kibaki pretty much wipes out all the witnesses against them which luckily for them were the same Mungiki thugs they used to carry out their side of mass murder. Of course NIS obviously has no dossier on Uhura and kina Muthaura. They are safe.

        Ruto at this time doesn’t even know the witnesses against him. He is a sitting duck then as now. Of course after going through the waki Commission Ocampo has an easy time nailing down witnesses whom they interview and get to record statements. The case is ready to go.

        6. In the panicked situation Uhuru and Ruto are seen by some as political geniuses at the time by being able to mobilize a political base of tribal convenience to get the king into State House.

        Uhuru and Ruto use the ICC case to spread outright lies about Raila working with Obama and civil society groups and leaders like Maina Kiai and Hassan to get Uhuru and Ruto hanged as he walks to State House. Some people swallow those toxic lies whole and here we are now.

        7. Raila gets a big break on the ICC fixing saga when Moses Kuria opens his big mouth and confesses to being one of the Ruto fixers. God bless him. As Kuria opens the door Raila kicks it wide open and provides pretty damning info about how Ruto was fixed. It makes sense and adds up.

        Ruto is now in a quagmire. Ruto even though he is a fundamentalist Christian knows the prayers are not offering any help. If prayers could work the entire Jubilee mob would be kneeling down for 48 hours running to ask the almighty to flood the Kenyan Treasury with cash. The country is running broke as we speak. Uhuru is borrowing tons of money at crazy interest rates to just keep the government running. Barely. They are now running on 90 Day Loans.

        At the end of the nightmare the Mt. Kenya part of jubilee finds itself is a dilemma. The fixing story is getting out of hand. They just can’t ignore it but accepting it puts the king in a bad place with the king maker and loyal servant. What to do. Decisions Decisions. Yeah. It is that tough.

        This is what they are trying. I doubt it will work.


        It is notable that all the conspirators Raila cited in his statement starting with Gichangi, Murathe (a good friend of mine at UoN), Kamotho Waiganjo, Uhuru, Gitau, Iringo, Njenga Mwangi etc, none of them has come out screaming to take Raila to court for defamation. They know Raila has dossier that could destroy them. Better quiet than loudly stupid. Easier said than done. I know.

        Finally things are getting a little hotter for Kuria who finally got interviewed by the ICC investigators for three hours in Nairobi at the Stanley Hotel. Smoking hot are not the words I am looking for. But you get my drift.




      • As expected, the ICC judges are following the so called “Prayers” and they are not thrilled. In my view the whole circus of prayers will help the judges understand what the witnesses and the OTP have to deal with as politicians crave for their necks. That is exactly what Osuji has said. He feels sorry for the witnesses who have to deal with all these.

        Here is Osuji:



        And here is a good analysis by Ndung’u Wainaina on the cycle of hypocrisy and impunity regarding the ICC cases.



      • The ICC really got these guys in an endless spin. Uhuru now jumps into the shit house of fighting the ICC judges. That is dump. The judges are following the theatrics of the Kenyan politics and they are laughing their heads off being ordered to do this or that. These guys can pray to all the demons in their backyard. It will have no effect on the cases.

        Here is Uhuru trying to sing lullaby to Ruto. Good luck. Keep digging.


        Here is the AU submission to the Appeals Chamber. The lawyer here is doing a whole lot of a better job than one million nut case prayer meetings would do.


        The AU lawyer knows what is at stake. The question is whether Rule 68 has been applied in a retroactive manner that is likely to be detrimental to Ruto. That is what the Appeals Chamber will rule on. The elephant in the tent for the defense is that the ruling was specifically based on two facts.

        One is that four of the witnesses whose “recanted” testimonies were allowed were actually made available to the court via video link and were cross examined by the defense team for Ruto. As such the court heard the objections from the defense and may or may not take that into consideration. It is up to them to decide whether the witnesses are lying now or were lying to the OTP when they made their testimonies.

        The second and even more important reason the evidence was allowed was that the OTP provided sufficient evidence to show that the witnesses were being harassed, bribed and exposed to all sorts intimidation that had forced them to refuse to testify and to change their testimonies.

        Of course the so called prayers provide even more ammunition for the OTP to demonstrate to the Appeals Chamber the high level of intimidation and harassment the witnesses face even today. When the president of the republic is on record at a national event taking on the ICC as part of the intimidation process, you can’t take that lightly. It is interference with the case and a threat to witnesses live live.

        The argument by the AU that applying Rule 68 does not meet the expectations of AU members who approved that Rule in the ASP last two years ago is irrelevant. The ICC has no obligation to meet any imaginary or real expectations of State Parties. Their obligation is to the Rome Statute plus the little problem of real victims that nobody ever prays for. That is all.

        In all this is getting very interesting. If Ruto loses the appeal things could get very tough. Either way Ruto has already applied for a no case to answer defense which is going to collapse sooner than later. And it will be game on as it should be.


      • Now we have the official “Petition” to the UN from the Kenyan M.Ps through the ASP. It is so dead in so many ways but I will just post it and comment later.


        I will say only one thing at this time. The details of the trouble these people have with Rule 68 confirms my sentiments when I first read the ruling.

        Under Rule 68 any testimonies which were are recorded and signed by a witness can be applied as long as both the defense and OTP have an opportunity to cross examine the witness.

        And here Willy Mutunga comes up with a notice to implement Kenya’s own version of Rule 68.



  5. Adongo,
    This ICC thing is a nightmare that wont go away for Ruto. While he spent all his time running around for Uhuru, the man has basically abandoned him. Yes, we hear noise from time to time on how to “help” out Ruto but truth is that they spent all their ammunition in defending Mr. Kenyatta. In otherwords Ruto is on his own even as 2017 approaches fast.

    Now there is the noise about boycotting the court thats being suggested to Ruto by a couple of loud mouths and the URP wing of Jubilee. Well, good lack for a warrant of arrest will be issued and Ruto will be in even more trouble.

    But the interesting thing is the action and reaction of people from Mt. Kenya region. They are basically pretending to support Ruto and this must be clear for all to see. Actually many of them are now murmuring of how Rutos corrupt activities are “spoiling” Mr. Kenyattas chances in 2017. My belief is that as long as they can use Ruto they will kind of praise him. Thats until he lands behind bars and then boom!!

    From where I sit, game seems to be over for Ruto however you look at it.


    • mzee,

      Long time my friend. I was running around in the Canadian summer. But this thing has taken a very dangerous turn for Ruto:

      Rule 68 was adopted with the support of Kenya at the last ASP. Obviously they didn’t think it through. The rule allows certain recanted evidence to be accepted. The lead judge in the case actually says even the primary ICC Rome statutes under Rule 69(3) accepts such a scenario.

      The big deal here is for the Prosecutor to show that the witness was telling the truth the first time and they signed their testimony and have now been coerced to lie for fear of their lives in the Ruto case. The evidence of intimidation is there and has been presented to the Trial Chamber. That has been one problem we had with the Prosecutor. Remember there is even a pending case of the man who was bribing witnesses against Ruto. That case is stuck in the Kenya courts. That alone speaks for itself.

      Now the mtetemeko of the Ruto sycophants is that their vote delivery boy having done what was asked of him is facing the guillotine all by himself. They don’t hear the noise and threats from the government to do a Bashir on the case. They also know that if Ruto was to go the Bashir route by himself Uhuru will be forced to dump him or sink with him. Muthamaki is not going to sink just because Ruto is sinking. Ruto jumps ship he is on his own. Uhuru may ask him to name another DP and then he can disappear the Kabuga style.

      I think it will all depend on how things go from hear. First it will start with whether the Trial Chamber gives Ruto the permission to appeal. If they don’t Ruto will bolt right after that decision is made.

      If it goes to the appeal, it is even more complicated. Two judges accepted the Prosecutor’s request based on Rule 68. If the Appeal court agrees with that case closed. One judge accepted the Prosecutor’s request based on Rule 69(3). If the appeal court agrees with that again case closed. In a way the judges pretty much covered all the grounds and winning appeals at the ICC is tough in any event.

      So we will see but Ruto is shitting bricks. Again.

      And Yes the Ruto sycos have another round of their cry baby madness and there is no Raila to cry about anymore.

      Here we go.


      And here is Prof. Makau Mutua’s take on the matter.


      We also have this lawyer whose name has been withheld by Bensouda who is bribing witnesses and whose case is now before the ICC. The Ruto people know the lawyer and they are trying to run away from him.


      The battle now shifts to prayers. The Kalenjin Ruto sycophants want to pray alone and the Uhuru balloons want to come to the prayers too. What to do? Murkomen on of Ruto’s test tube politicians is now asking that those who fixed Ruto should be brought forward and denounce themselves so as to save Ruto.

      Things are that bad.



    • Hehehe folks

      We did muse about this exactly 4 years ago, that its very possible that 1 guy will somehow escape the clutches (even momentarily) while the other will be stuck in it

      No matter how they twist and turn, that time is fast approaching, I remember back in school there were those guys standing in the shadows urging someone to fight, at the first sign of trouble they vanish.

      Ruto is right where them folks from Central wanted him to be. On the one hand, they “have given him power as DP” i.e they own him, and on the other hand they have his head firmly in ICC “where they put him via those Kibaki folk”

      Its a win-win for the folks in Central, now for the guys in RV, thats a whole ‘nother story altogether. They went like sheep to a slaughter house and now wonder what they are doing there

      Time for a popcorn refill I think

      My suggestion is that Ruto should consider relocating to Sudan, its safer there under Bashir


      • Admin,

        Yes Ruto can try a Bashir move only if he relocates to another country. Uhuru will not allow Ruto to bring his government down by doing a Bashir and staying in Kenya. In fact Ruto can move to Sudan and sneak back through panya route and do his Kabuga move.

        The real nightmare here is that the ICC appeal is very had to win for someone like Ruto. Also the Rule 68 that two of the judges ruled on is very tricky. Kenyan delegates to the ASP voted to support Rule 68 ( that is another headache for Uhuru because it was Muigai and Amina who were there).

        The Mortician in his usual laziness did not advice Amina that she should only vote for the deal if the side-deal to exempt Kenya from Rule 68 is written and included in the legal amendment. They did it the typical African rub my back I rub yours school of tricks. Now the Mortician is arguing ferociously that they had an agreement and the Trial Chamber ignored that. Nonsense. The damn deal was not written into the Rules and Procedures amendments.

        The Prosecutor figured this out pretty quickly and realized these guys are fools. You will notice that Khan, Mr. Bombastic himself, has not used the exemption argument. He knows it is not written anywhere. Khan is arguing that these testimonies will be taken at face value without them cross examining the witnesses. He did that when the witnesses testified through video links. So he has nothing to contest.

        The Trial judges have said that they will decide what weight to put on the testimonies. The key issue there is to see if the testimonies corroborate any other evidence the Prosecutor has presented.

        Also these were very key witnesses and that is why Bensouda insisted that they testify by video even when she knew they will disown their own statements. At that time the usual internet legal “experts” were laughing at Bensouda. Turns out she knew exactly what she was doing. ICC does this all the time. This what they did with Lubanga who looked like he was going to walk and towards the end one witness provided testimony that corroborated some major accusations against him. Then kaboom, 50 years hammer came down.

        Now the eyes of the judges are on Ruto and the mob around him. They have to be very careful because fighting a court ruling with noisy mobs making reckless statements is not a very smart thing to do.

        And writing to the ASP is a waste of time. The ASP does not tell judges what to do. Kenya got fooled the last time. That door is now closed.

        In the meantime here is the new development in the circus. To Pray or Not to Pray. That is the question:


        And here is the ridiculous letter to the ASP where Kenya is complaining that they were assured that Rule 68 will not apply the Uhuru and Ruto case. Assured doesn’t cut if it is not imbedded in the rules. Kapish.

        Here we go.



    • Folks,

      Something interesting has been going on regarding the ASP meeting which is due to start in a few days. Uhuru and Ruto are sending 300 M.Ps to the conference and another 100 technocrats to go bully the ASP to arm-twist the ICC and the judges tp make rulings favourable to Ruto. They are mad about Rule 68.

      Amid all the excitement and brouhaha here comes the letter from the principals of the ICC telling the ASP that they cannot micromanage the court proceedings and cannot interfere with an ongoing judicial process. In other words, those who are unhappy with court rulings can appeal the rulings instead of demanding that the ASP changes rules to suit them.

      It is going to be very tough at ASP and Uhuru and the Ruto mobs are already threatening the human rights groups attending the meeting. These guys can bully, intimidate and kill witnesses but they are going to find it very hard to bully the ASP.

      Here we go:


      And here is the promised Rambo at the ASP:


      Uhuruto are sending 300 legislators on your tax dime of course to go and heckle people at the ASP. It is going to be a huge embarrassment and the thugs are already threatening civil society leaders like Muthoni Wanyeki promising them fireworks. This whole circus by the government is going to backfire terribly at the ASP. There are 123 members of the ASP and Africa has 34.

      Changing anything at the ASP requires a super majority of more than 60% members. They negotiated Rule 68 in 2012 and the members agreed to take away the requirement that all suspects must attend all the trial and exempted Uhuru and Ruto from that.

      In exchange for that members brought in Rule 68 which Kenya and other African governments who never pay attention to details signed on. Now they are shocked that Rule 68 could send Ruto to jail for a long time and they want the rule amended again claiming there was an understanding that the Rule will not apply to the Kenya case.

      Simple solution. Appeal against Rule 68 in the appeals chamber of the ICC and hold your breath tight. That is it. Pretty much.

      But for the taxpayers with 300 plus mob of politicians, the cost to you could dwarf some of the Waihuru binges.



      ICC ASP nightmare for the Kenyan M.Ps will start tomorrow and already the likes of Duale seem perplexed that the ICC principals have written to the ASP telling them they have no mandate to interfere with the judicial process and more so to deal with issues which are already directly before the judges:


      It will take people like Duale a lifetime to understand how the ICC works but with regards to the Ruto case and the forthcoming ASP conference a few things are important to note.

      1. The letter from the principals, namely the ICC president, The Registrar and the Prosecutor have a lot of weight with the ASP proceedings. ASP members would never in any way want to compromise the independence of the ICC judicial process. That is why getting a super majority of the ASP members to support the delusional demands of the suspects and the AU is super impossible.

      You can get a sizeable number of the 34 African governments but very few others. The Europeans wouldn’t do it and most of the nasty countries who would support such intrusive madness in ICC affairs are not members of the ASP for obvious reasons. They are governments led by criminals.

      2. The real issue regarding Rule 68 at the ASP if it even comes up will not be about how it applies to any particular case but rather that it was passed by the ASP and it is up to the courts and the judges to interpret it throughout the ICC judicial process.

      3. ASP will not involve itself in debating and determining how any specific items in the Rules and Procedures of the ICC is applied in any case. The Kenyan anti-icc mob think the ASP will actually be going through Ruto’s case and in fact determining his innocence so the case can be dismissed. Not going to happen. Move on.

      4. The request by the Uhuru mobsters to have the investigation, evidence and witnesses audited before the case can be thrown out or resumed will be laughed off the window. The only way the Kenyan mobs audit witnesses is they eliminate them. Good audit. Not happening. Next.

      5.The Kenyan mob has to be careful they don’t piss off everybody by being bullies and acting like clowns the way they usually do when the go to these Hague events. Ruto has enough problems as it is, don’t pile any more stuff on it. Every member of the 123 member states have one vote. It is ridiculous that Uhuru is sending 300 legislators and technocrats there to consume oxygen and the meeting space with nothing to do. Tyranny of numbers has limits. It won’t work at the ICC. Thank you very much.

      6. Look for the civil society groups to put up a very impressive showing of their concerns about human rights and crimes against humanity in Kenya. They will get a lot of help from rude and uncouth M.Ps loitering in the conference halls and making fools of themselves.

      One thing the M.Ps will try to use against the civil society folks is claiming that some of them do not live in Kenya and when the mass murders come as a result of their ICC push they will not face the killers. The quick answer here is that the civil society groups want to stop the murders and let the politicians know that if they kill people as they did in the past they will end up at The Hague. Very simple.

      Finally for those who are not familiar with Rule 68 and the amendments made in 2013, here it is.



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