Close Ruto-Sang case, Moses Kuria tells ICC Prosecutor Bensouda

Gatundu South Member of Parliament Moses Kuria has urged International Criminal Court (ICC) Prosecutor Fatou Bensouda to close her case against Deputy President William Ruto and former KASS FM presenter Joshua Arap Sang case.

The controversial Member of Parliament said that – following the ICC Appeals Chamber ruling that rejected the use of recanted evidence in the Ruto-Sang case – the suit was headed nowhere.

Addressing Bensouda, Kuria said: “Don’t try again as this was your last shot; you should not wait for the ‘no case answer’ ruling. Last year you asked to use recanted testimony because your cases were weak without that evidence. Now that the recanted testimony has been thrown out, you should save time and the resources of the court by closing your case against Ruto and Sang.

Kuria, who has previously admitted to procuring witnesses for the ICC prosecution, said that the case against Ruto and Sang was politically instigated.

“When I spoke out last year about this (the procuring of witnesses), some people said I was crazy. I said that we should speak the truth and shame the devil – those things that happened in Kenya were politically instigated.”

Speaking at Mwiteria Methodist Church in Imenti North Meru County, Kuria said that the Appeals Chamber ruling was and answered prayer.

“We had prayed for the ruling that you heard on Friday. Because there is a God in heaven who hears prayers, the ICC judges ruled that the recanted evidence would not be used,” he said.

The outspoken Jubilee Alliance AP disparaged the ICC saying that it is a political court that is being used to control African leaders.

The legislator also called on citizens to support his Punguza Mzigo campaign, saying that the funds saved would be enough for free primary and secondary school education.

Rejecting Rule 68

On Friday, the ICC Appeals Chamber faulted an earlier ruling made by the Trial Chamber on the application of Rule 68 on recanted evidence saying that the rule could not be applied retroactively as this would not be just.

The Chamber stated that since Rule 68 was passed after the Ruto-Sang case had commenced, it could not be used as this would negatively impact the case of Ruto and Sang.

“The application of this rule affected negatively the case of Mr. Ruto and Sang. The term detriment should be interpreted broadly and not limited to rights of accused,” said presiding Judge Piotr Hofmański.

Under the rule, ICC Prosecutor Fatou Bensouda would have been allowed to present recorded testimonies in the case against Ruto and Sang.