from the newsletter of Fr Joachim Omolo Ouko, AJ:
The News Dispatch with Omolo Beste
WHY RUTO IS CONFIDENT THEY WILL OVERCOME ICC CASES
MONDAY, SEPTEMBER 9, 2013
“There are several reasons why President Uhuru Kenyatta and his deputy William Ruto are confident they will overcome cases facing them at the International Criminal Court.
“One reason is to do with what Nairobi Women Representative Rachael Shebesh has sensationally stated that former Prime Minister, Raila Odinga, is the one behind woes President Uhuru Kenyatta and his Deputy William Ruto are facing at the International Criminal Court (ICC).
“Speaking to NTV’s Larry Madowo, on Thursday, Shebesh said since she was a former ODM member, she truly knows that the former PM, colluding with civil society groups incriminated President Uhuru Kenyatta and his Deputy William Ruto at the ICC.
“Shebesh revealed that during the March 4th election the former PM approached Deputy President Ruto and promised him if he joins his side (CORD alliance), he will make sure ICC cases are brought back in the country.
“According to Shebesh this is enough evidence to prove that indeed the former PM colluded with United States and Britain to incriminate Uhuru and Ruto so that he can ascend to Presidency through the back door.
“This is what the two leaders referred to when they said they will clear falsehoods peddled against them and radio presenter Joshua Sang. The two leaders expressed their confidence during the official closing down of Internally Displaced Camps occasioned by the 2007/08 post election violence, and the eviction at the Mau forest.
“They told IDPs that they know what lies ahead of them, saying they shall overcome and come back home free men.
“Another reason why the two leaders are confidence is what Ruto’s lawyer Mr Khan has alleged that the families and children burned in the Kiambaa Church in Eldoret were part of a blockbuster movie that was being screened in the area.
“He says the ICC will be wrong to charge people who were only producing a film for the African jungle.
“The other reason is to do with the withdrawal of witnesses, who were scheduled to testify but have changed their mind.
“Recently, three witnesses in the case one involving Ruto and former radio presenter Joshua Sang pulled out. The prosecution has claimed that some of the witnesses recanting their statements had been bribed and they have launched investigations into the matter.
“The number of witnesses, who have withdrawn from the two cases is said to be over 12, out of the original 40, increasing raising concern from the Prosecutor and the Witness Protection Unit of the ICC. The latest case of withdrawal was that of two witnesses, who recanted their statements through affidavits and letters written to the ICC prosecutor.
“The two witnesses, a former NGO social worker and a former Kass employee, have already filed their withdrawal affidavits and other documents with the ICC’s Office of the Prosecutor, Registry, Office of the Counsel for Defense and Office of the Counsel for Victims.
“Those witnesses from the Ruto case, who have signed affidavits seeking to be removed from the list include witness numbers 2, 8 and 0336, but the ICC has not yet responded to the affidavits.
“The last reason is the failure by Chief Prosecutor Fatou Bensouda to appeal a decision to expand the scope of Ruto’s charges. Bensouda is seeking permission from Pre-Trial Chamber II judges to include further incidents of rape, murder and deportation that allegedly took place between December 30 and 31, 2007.
“Through his lead counsel Karim Khan, Ruto maintained that the late attempt to amend charges against him to include the two days would result in an unfair burden for his defence team and would unduly compromise his rights.
“Judge Ekaterina Trendafilova, sitting as a single judge rejected Bensouda’s application arguing that allowing such an amendment in the absence of any justification would be an ‘unfair burden’ to the defence, which would require time to conduct its investigations.
“Uhuru is accused of meeting Mungiki youths and organising them to retaliate the killings of PNU supporters in parts of the Rift Valley.
“Following his own investigations, Ocampo identified six persons against whom he claimed there were sufficient grounds to believe they bore the highest responsibility over the violence. One of them was Uhuru, then Deputy Prime Minister and Finance Minister.”
Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
Real change must come from ordinary people who refuse to be taken hostage by the weapons of politicians in the face of inequality, racism and oppression, but march together towards a clear and unambiguous goal. –Anne Montgomery, RSCJ, UN Disarmament Conference, 2002 —————–>>