Ruto to oppose ruling on forced testimonies

By Felix Olick

Kenya: Deputy President William Ruto intends to appeal the decision by the International Criminal Court (ICC) ordering the Government to compel some eight witnesses to testify against him.

In a new application at The Hague, Mr Ruto’s defence lawyers asked the ICC Judges to allow them more time to study the dissenting opinion of Judge Olga Herrera Carbuccia, which is yet to be filed.

“The defence for William Samoei Ruto respectfully requests an extension of the time limit for leave to appeal the decision in order that the time limit shall start running on notification of Judge Herrera Carbuccia’s dissenting opinion,” said Ruto’s Lead Counsel Karim Khan.

Mr Khan wants the time limit extended until five days after the notification of the judge’s dissenting opinion arguing that the court’s regulations permits the Chamber to extend any time limit if good cause is shown.

“The defence submits that good cause exists for the requested extension because, the decision engages complex, novel and not uncontroversial legal issues,” Khan pointed out.

Time limit

He told the judges that the dissent would likely inform their decision on leave to appeal including the formulation of the issue(s) on which to seek leave.

But in response, ICC Prosecutor Fatou Bensouda opposed the request insisting that the issues raised by the defence lack merit.

Bensouda maintained that Regulation 35 invoked by Khan do not provide the Chamber with the power to extend the time limit for an application for leave to appeal.

“This provision does not provide the Chamber with the power to extend the time limit for an application for leave to appeal, which is prescribed in Rule 155(1) of the Rules of Procedure and Evidence,” pointed out the Gambia-born Prosecutor.

According to Bensouda, due to a number of official holidays, Ruto’s application for leave to appeal is not due until Tuesday next week.

“Thus, the defence will have had a total of 12 days to analyse all issues arising from the decision and to complete the application,” she said.

Last week, the Chamber by majority ordered to have eight witnesses who have pulled out of the case called to testify.

The Chamber said it granted the prosecution’s request for summons after finding that, contrary to the defenses’ assertions, it had the power to compel witnesses to appear before it.

Initially, Attorney General Githu Muigai told the judges that Kenya’s domestic laws, in particular the International Crimes Act under which the Rome Statute is applied, enables the Government to serve witnesses with a summons but cannot force them to testify.