DP William Ruto seeks acquittal in ICC case

Deputy President William Ruto has moved to seek a judgment of acquittal in the cases facing him at the International Criminal Court (ICC).

The motion filed by Ruto’s defence team, led by the Lead Counsel Karim Khan, requested that the deputy president be acquitted of the three counts of crimes against humanity for lack of evidence.

Khan stated that since the cases were confirmed based on six witnesses, out of which only three appeared before the Chamber, and the inconsistency by the witnesses proved that the evidence relied upon by the Pre-Trial Chamber to confirm the case has ‘evaporated.’

He stated that Ruto’s conduct during and after the 2007/08 post-election violence in Kenya is beyond reproach, noting that he campaigned on a platform of peace and equality in the run up to the 2007 elections.

“He (Ruto) called for peace when violence broke out after the elections and he was an architect of the Serena peace process which led, inter alia, to the formation of the CIPEV (Commission of Inquiry into the Post-Election Violence),” read the application document in part.

“The case confirmed for trial, built primarily on the evidence of six witnesses (the “Confirmation Six”), bears little resemblance to the case which has emerged during the course of trial.

“There is no evidence upon which a reasonable Trial Chamber could find that Mr Ruto created a community-backed organisation – the Network – to attack multiple locations in order to expel the targeted communities from the Rift Valley because of their perceived political affiliation.”

Khan further noted that the evidence obtained since confirmation of the case is unreliable, pointing at the witnesses’ move to recant their statements as evidence enough to acquit Ruto.

He stated that an analysis of the evidence which is currently before the Chamber has found witness testimonies to be inconsistent, uncorroborated and contradicted by other evidence including independent, objective evidence.

“Further, the most striking feature of the remainder of the OTP’s trial evidence is that it is almost entirely hearsay or speculation. On this basis alone, judicial intervention is warranted and the case should be dismissed.”

In the submission, Ruto’s defence team pointed that there is no evidence that confirms Office of the Prosecutor’s (OTP) allegations that Ruto was the head of a multi-faceted network based on political, media, financial, tribe and military components.

The legal team also pointed out the lack of a clear definition of terms ‘organisational’ or ‘policy’ in the case against Ruto, adding that the OTP has failed to prove the existence and operation of any such organisation.

Khan’s team denied any meetings between Ruto and criminal organisations saying the claims are based solely on witnesses’ speculations.

He said that the evidence tabled before the court about the first set of meeting dates conflicts with objective evidence that shows that Ruto was in Nairobi on the said dates.

Khan claimed that the evidence reviewed showed that there is insufficient evidence to establish a prima facie that one or both of the underlying acts of persecution was committed in Turbo, Kimumu, Langas, Yamumbi, Kapsabet and Nandi Hills Town.

“The fundamental flaw in OTP’s case is its failure to link Mr Ruto to the crimes, this failure applies irrespective of the nature of the crime or when or where it was committed,” he said.

Khan also stated that whilst violence undoubtedly erupted throughout Kenya after the 2007 elections, including in the North Rift, the OTP failed to investigate properly and identify correctly the cause of the violence and its perpetrators.