Noise will not affect Ruto, Sang case outcome ICC Judges

The International Criminal Court (ICC) judges say the clamour in the media will not affect the outcome of the case facing Deputy President William Ruto and journalist Joshua Arap Sang.

Presiding Judge Chile Eboye Osuji noted that from the beginning of the case, the chamber gave orders to the parties in the case to refrain from media commentary about it (the case).

He noted that “to a large extent, the counsel has respected that directive” but said there was unending noise in the media about the proceedings in the case.

“Nevertheless, our attention has been drawn to the unending stream of clamour in the media in Kenya about the proceedings in this case. This is an old conduct that has been observed even before the commencement of evidential hearing in the case implicating divided sentiments on either side of the case, one side favouring conviction of the accused while the other favours acquittal,” said Judge Osuji.

According to Osuji, both sides are guilty of commenting on the ongoing case.

“Some elements on either side of this divide have not always shown restraint in their commentary, and even abusive commentary has been directed at the court and the judges when judicial decisions issued were not to the liking of those making those commentaries, of course in an apparent hope of bullying judges into the grove of these sentiments.”

The judge said that it was disturbing to the court as the case in context is a criminal one.

However, he said that the sentiments by a section of the leaders and a section of the media will not by any way influence or affect the outcome of the case facing the DP and Sang.

“We must hope that this sort of conduct could never mar the norm of the context in which justice is administered in any place and secondly in this court, this case in particular,” he said.

He added that: “Clamour in the media will remain wholly without effect in the outcome of the case, so we must encourage those concerned in the conduct to save themselves the trouble for the only thing they will achieve from the clamour is to shore up the imperviousness of the chamber to them. We will leave it at that but we hope that people will leave this case alone and let the judges and the lawyers in the case do their work.”

The sentiments by the ICC judges come in the wake of confrontations between the ruling Jubilee Coalition and the opposition, Coalition for Reforms and Democracy (CORD), over allegations of fixing Ruto.

Jubilee and CORD have been at loggerheads over the fixing saga since the controversial Gatundu South Member of Parliament, Moses Kuria he, together with Narc Kenya leader Martha Karua, procured witnesses to testify against Ruto at the ICC.

Kuria further alleged that CORD leader Raila Odinga, who is also a former Prime Minister, together with Kisumu Senator Anyang Ny’ong’o, who is a former Secretary General of the Orange Democratic Movement (ODM), also fixed Ruto by writing to the UN and the Assembly of State Parties requesting them to reject an application by Kenya to have the Kenyan cases heard locally.

Kuria, who is a strong defender of President Uhuru Kenyatta, has attracted condemnation from the opposition for making what has been termed as reckless comments.

Kuria has so far recorded a statement with the ICC over the revelations that he continues to make.