The International Criminal Court (ICC) has now terminated the case against Deputy President William Ruto and former broadcaster Joshua arap Sang.
This follows a decision on the motion of no case-to-answer in which their defence teams argued that the prosecutor’s evidence did not warrant the accused to be put on their defence.
In a majority ruling, the judges found that the prosecution’s evidence was insufficient to sustain the trial. In concurring opinions, Judges Robert Fremr and Olga Herrera-Carbuccia say the prosecutor’s evidence furthermore failed to prove existence of a network alleged to have committed crimes in the Rift Valley.
Judge Chile Eboe-Osuji dissented. The judges say the prosecution’s evidence failed to prove that there existed a network established to plan, coordinate and execute attacks in the Rift Valley.
Ruto and Sang were alleged to have committed crimes of murder, forcible transfer of populations and persecution during the 2007/2008 post election that left some 1,113 people dead and more than 500,000 internally displaced.
Mr Ruto and Mr Sang’s legal teams filed the no-case-to-answer application last September, saying that ICC Prosecutor Fatou Bensouda had not built a case to have then put on their defence.
The application was heard in January, but the judges blocked the defence teams from presenting witnesses to support their arguments.
However, lawyer Karim Khan for Mr Ruto and Mr Katwa Kigen, for Mr Sang, argued that the case had collapsed after the prosecution failed to present adequate evidence.
– Wamoyi M. M., AfricanQuarters, Kenya