ICC: Government accused of doing little to save Deputy President William Ruto

Deputy President William Ruto (centre) with fomer East African Community Minister Musa Sirma (right) and Baringo Governor Benjamin Cheboi. Leaders are planning a prayer meeting for Ruto. [PHOTO: KIPSANG JOSEPH/standard]

Deputy President William Ruto’s camp is working on political and legal strategies to counter the International Criminal Court's (ICC) recent decision allowing the use of statements from hostile witnesses.

The move comes at a time when ICC  has  asked  to  spend  5.1  million  (Sh591  million)  next  year  for court-in-session and field operations with regard to the Kenyan situation, signaling protracted legal proceedings in the case against Ruto and his co-accused Joshua Sang.

The proposed ICC programme budget for 2016 totaling 153.3 million euros (Sh17.7 billion), will be considered during the 14th session of the Assembly of States Parties in The Hague which will run from November 18 to 26 this year.

At the meeting, Kenya is likely to raise its reservations about the judges ruling granting the prosecution’s application to admit out-of-court statements of recanted and missing witnesses, as prior recorded testimony under an amended Rule 68 of the Rules of Evidence and Procedure.

Prior to that, however, the Ruto and Sang's defence teams have applied to the Appeals Chamber to be allowed to appeal the decision to allow testimony from the five witnesses who disowned their statements with damning claims against the two to the prosecution.

The legal battle that includes the intended application by a State House operative at the High Court on grounds the ICC decision violates Kenya’s constitution, it appears, will be executed simultaneously with a political campaign to oppose the The Hague’s decision.

By admitting prior recorded testimony of the five hostile witnesses, the judges appear to have been swayed by the prosecution’s arguments that the witnesses had been interfered with to disown their evidence.

The prosecutor had alleged bribery and intimidation of prosecution witnesses to recant their testimony and therefore the prosecution sought “the admission for the truth of its contents” of the written statements that are contested by the defence teams. The bribery claims were supported by a human rights activist last week in an interview with an international television channel.

A further setback for the defence was the observation by judges that “although the prior recorded testimony goes to the acts and conducts of the accused, the Chamber notes that the Defence was able to cross-examine on these specific topics during in-court testimony.”

At the weekend, five Jubilee legislators called on the deputy president to boycott the hearing of the case against him at The Hague.

Murang’a Senator Kembi Gitura, Narok Woman Representative Soipan Tuya and MPs Cecily Mbarire (Runyenjes), Sara Korere (Nominated) and Ferdinand Waititu (Kabete) claimed the court had turned political.

The political crusade will gather pace on Sunday when Kalenjin leaders have planned a prayer meeting at Kiptororo shrine in Mau forest, Kuresoi, Nakuru County. An Ruto aide said the rallies will bring together Rift Valley political leaders as well as the clergy.

“We will have a big meeting on September 6 when we will chart our way forward in regard to the issues of ICC. We feel that the court has degenerated into a kangaroo court,” said Elgeyo Marakwet Senator Kipchumba Murkomen.

Mr Murkomen, a close ally of the DP, claimed the case against Ruto was fabricated and told those responsible for this to now stand by the truth.

“Those who played a part in fixing Ruto should come out and tell the truth. We cannot allow Ruto and Sang to continue suffering when we clearly know that some people played a part in fixing them,” said Murkomen.

During the ICC trial, the deputy president’s lawyers accused senior civil servants under then President Kibaki’s Grand Coalition government, as having ‘coached’ witnesses to testify against Ruto.

The revival of the 'Ruto-fixing claims' and suggestions by some United Republican Party (URP) MPs that the Government is not doing enough to rescue Ruto from the ICC after the withdrawal of charges against the President are likely to strain relations within the Jubilee coalition.

Marakwet East MP Kangogo Bowen claimed the Government is not tackling Ruto’s ICC case with the same vigour they pursued the President’s case.

“We are not happy. We no longer see the Attorney General taking the initiative like he did for President Kenyatta. The Government lobbying against the ICC cases has shut down. We should be working together but we do not feel that,” said Mr Bowen.

Instructively, the prayer meeting at Kiptororo shrines is being styled a Kalenjin-only affair.

Kericho Senator Charles Keter said that they expect all the 54 Kalenjin members of National Assembly and Senate to attend the prayers at Kiptororo shrine.

“As a community we will be having prayers for Ruto and Sang on that day. This will be a Kalenjin only affair and the prayers will be for the ICC cases against the two,” said Mr Keter.

Keter said that they would also use the opportunity to discuss the political future of the Kalenjin community. “Beyond prayers we will also consult on the political direction of the community,” he added.

The issue of prayers was first mentioned last week by the DP’s wife Rachel Ruto at Sosiot Girls’ Secondary School, where she was the guest of honour during the 25th anniversary celebrations of the Africa Gospel Church National Women Conference. Mrs Ruto thanked Kenyans for their continued prayers, adding that the DP had been falsely accused.

“Thank you and continue praying for us. It is not an easy thing especially if you know you are being accused falsely,” she said. “Sooner than we know, it is going to be behind us”.

Today, a group of URP youth leaders will hold a peaceful demonstration to the Attorney General’s office to express their displeasure with the Government’s failure to press for termination of the case against Ruto.

“We have been given a permit and we are expecting more than 500 youths in the protest. We are not amused by the TNA side of the Government for how they are taking us, the Ruto and Sang cases are not receiving much attention and we are concerned,” said Vincent Yegon, one of the leaders.

Nandi Hills Alfred Keter claimed the Foreign Affairs ministry was silent on the case against Ruto and Sang after making frantic efforts to clear the Head of State.

But, the Kericho Senator said the Government was doing a lot away from the public eye to help terminate the cases. “At least I am privileged to private efforts by the Government, its commendable, we need to see more activities in future,” he said.

It is friction that the ruling Jubilee coalition can ill afford in the run-up to the 2017 General Election.

The National Alliance (TNA) MPs see the outcome of Ruto’s case as a crucial factor in deciding how the Government will fare in the next elections.

Runyenjes MP Cecily Mbarire felt that Ruto’s acquittal would rejuvenate Jubilee and make it a formidable force in 2017.

“We would be very happy if Ruto is set free because it will strengthen the party to win in 2017 and 2022,” said Ms Mbarire.

“We want these proceedings to be over before 2017 so that we will not have a hard time looking for votes in 2017,” Florence Kajuju (Meru County) argued.

Gichugu’s Njogu Barua (Gichugu) alleged a scheme by the Opposition and Jubilee critics to divided the governing coalition.

“Let them be advised that there is no space for them fill,” said Mr Barua.

Kieni’s Kanini Kega and Nyeri County’s Priscillah Nyokabi said allegations that Central region would not vote for Ruto were mere suspicions spread by the Opposition to create a wedge in Jubilee.

“Let them know that the Kikuyu may not be the determining vote on whether Ruto will be elected, but rather, the scorecard that the leaders will set,” said Mr Kega.

Ms Nyokabi added: “We should also take note that in 2022, Ruto will have the advantage of incumbency and for the Central bloc, they always prefer someone who will ensure that they grow economically.”

The ruling by the judges to admit testimony by witnesses who are either missing or have recanted their statements is being interpreted as a setback to Ruto’s attempts to free himself from The Hague’s yoke.

“Before the ICC’s latest ruling, which knocked the daylights out of Mr Ruto’s defence team, the case against the son of Cheruiyot was limping on a single broken leg,” wrote columnist Makau Mutua in The Standard on Sunday.

-Additional reporting by Wainaina Ndung’u and Joseph Muchiri