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.