15-18 February 2016
Compiled by Pierre-Philippe Turnbull
1. Kenya and the ICC – New Developments
1. Kenya and the ICC - New Developments
Privately Owned Media
Githu praises ruling on recanted evidence (Daily Nation, independent Kenyan-based paper, February 15 2016)
- Kenyan officials have welcomed the ICC Appeals Chamber ruling that set aside the use of recanted evidence in the case against Deputy President William Ruto, saying it signalled renewed confidence in the Rome Statute.
- This comes at a time where many countries have been threatening to pull out of the Rome Statute
As Ruto savours victory, Bensouda’s witnesses claim could tilt scale (Daily Nation, independent Kenyan-based paper, February 14 2016)
- A day after judges refused to accept the use of recanted evidence at the International Criminal Court, Deputy President William Ruto has exuded confidence that the case against him and radio journalist Joshua Sang will collapse.
- The decision was also welcomed by a majority of Kenyan officials
- Mr Ruto maintained that “truth is finally coming out” and asked Kenyans to keep praying for them.
- Another major decision on whether Mr Ruto and Mr Sang have cases to answer given the evidence Prosecutor Fatou Bensouda has presented is still pending.
- Hague ruling on Ruto a plus to ODM: Raila (Daily Nation, independent Kenyan-based paper, February 14 2016)
- Opposition leader Raila Odinga on Saturday led the country in welcoming the ICC Appeals Chamber's decision against the use of recanted testimony against Deputy President William Ruto and former journalist Joshua Sang.
- Mr Odinga said the decision was a vindication that ODM, to which Mr Ruto then was a leading member of the apex pentagon, did not plan any violence.
- Many Kenyan officials also c ongratulated the ICC judges for standing for the rule of law.
Ruto, Sang ICC case ‘on life support’ – scholars (Capital FM Independent Radio Station, February 13 2015)
- International scholars say the decision by the ICC Appeals Chamber to reject the use of recanted evidence in the case against Deputy President William Ruto and journalist Joshua arap Sang has the potential of setting the two free.
- Mark Kersten, a researcher the Munk School of Global Affairs at the University of Toronto claimed Ruto’s case “is now on life support”
- In reversing the decision to use the testimony, the judges unanimously agreed that the Trial Chamber had disadvantaged the accused by allowing the prosecution to use prior recorded statements of the five witnesses as the accused were denied their right to cross-examine them.
- Following this decision, The focus has now shifts to the major ruling which will determine if the case against Ruto and Sang will end at the prosecutor’s level.
- If the cases against Ruto and Sang were dropped, this would be another blow for the ICC, following the failure to convict President Kenyatta.
Bensouda’s case against DP Ruto, Sang suffers major blow (Capital FM Independent Radio Station, February 12 2015)
- The International Criminal Court (ICC) Prosecution suffered another major blow Friday after the Appeals Chamber rejected use of recanted evidence in the case against Deputy President William Ruto and journalist Joshua arap Sang.
- The appeal judges further found that the Trial Chamber erred in its decision to allow the prosecution to use prior recorded statements of the five witnesses as the accused were denied their right to cross-examine them.
- Legal analysts believe that rejecting use of Rule 68 in the case against Ruto and Sang would see the court’s credibility among African members states improve.\
Ruto awaits appeal ruling on recanted evidence use (Daily Nation, independent Kenyan-based paper, February 7 2016)
- Deputy President William Ruto will this week know the fate of his appeal against the use of recanted evidence in his trial before the International Criminal Court.
- The use of that evidence has been defended by the prosecutor Fatou Bensouda.
- Defence lawyers, on the other hand, have argued that the admission would be prejudicial.
State Owned Media
Ruto happy with decision of ICC Appeals Chamber (Kenyan Broadcasting Corporation - KBC, State-Owned Radio Station, February 13 2015)
- Deputy President Willaim Ruto has expressed hope and optimism that the case against him and former journalist Joshua Arap Sang at the International Criminal Court (ICC) is about to end.
- He expressed gratitude at the outcome of the ruling by the Appeals Chamber of the International Criminal Court (ICC) that decided unanimously to reverse the decision of ICC Trial Chamber V(A) of 19 August 2015.
- The Appeals Chamber found that the application of the rule was retroactive as the trial had started on 10 September 2013, before the amendment to the rule, and was detrimental in “the sense that the disadvantage, loss, damage or harm to the accused caused by its application negatively affected the overall position of Sang and Ruto in these proceedings.”
- “For these reasons, the Appeals Chamber decided to reverse the decision to the extent that prior recorded testimony had been admitted under amended rule 68 for the truth of its contents.”
AU adopts Uhuru’s proposal to withdraw from ICC (Kenyan Broadcasting Corporation - KBC, State-Owned Radio Station, February 12 2015)
- The ICC Appeals Court has Friday reversed the Trial Chamber’s decision to use prior testimony of five witnesses’ in the Deputy President William Ruto Sang Journalist Arap Sang cases.
- The five-judge bench decided to throw out prosecutor Fatou Bensouda’s appeal to the court to be allowed to use prior recorded testimonies of the five prosecution witnesses who turned hostile and became the subject of vicious courtroom battles at the ICC.
- Kenya has been mobilizing the international community, including the Assembly of States Parties, to stop the use of recanted evidence. This comes as a massive victory for Kenya.
ICC appeals chamber rejects use of recanted evidence in Ruto, Sang case (Kenyan Broadcasting Corporation - KBC, State-Owned Radio Station, February 12 2015)
- The African Union Sunday adopted a proposal by President Uhuru Kenyatta for the AU to develop a road map for the withdrawal of African nations from the Rome Statute.
- This comes during a time where Kenya is pressuring the Assembly of State Parties to stop the use of recanted evidence against Ruto and sang at their ICC trial.
- The document asks the ICC to terminate the case against the DP and Sang as the case lacks any believable evidence.
- Kenyan president Kenyatta further argued that Africa needs to take a strong stand and make a powerful statement regarding its position against the ICC.
2, Security Threat
Death, destruction as chaos erupt at the border of Kisumu and Nandi counties over rampant cattle theft (Daily Nation, independent Kenyan-based paper, January 8 2016)
- Three people were killed on Friday and schools closed indefinitely as communities living on the border of Kisumu and Nandi Counties clashed over rampant cattle theft.
- Youth wielding bows and arrows, slings, makeshift shields, machetes and spears engaged in a confrontation at the sugar plantations while police officers deployed to quell the situation seemed to have been overwhelmed.
- Residents of the area say the problem started on Friday mid-morning after youth from Kisumu went to recover some five animals that were stolen on Thursday night.