Kenyan Vice President William Ruto looks on during a past trial hearing
in the International Criminal Court. Kenyan government and defence
lawyers on Friday vigorously opposed a request by the ICC prosecutor for
the Hague court to summon seven witnesses who have recanted their
testimony.
Nairobi. The government and
defence lawyers Friday vigorously opposed a request by the ICC
prosecutor for the Hague court to summon seven witnesses who have
recanted their testimony.
Attorney-General Githu Muigai and the defence
teams of Deputy President William Ruto and journalist Joshua arap Sang
said if the witnesses were not willing to testify, then they will not
assist the prosecution to facilitate their appearance in court.
Prof Muigai said the court should not contemplate
issuing an order for Kenya to summon the witnesses as this violates the
Rome Statute.
“The government cannot compel any person who does
not volunteer to be a witness to become one without violating the Kenyan
Constitution,” he said adding: “The treaty requires voluntary
appearance of witnesses to testify before the court either in The Hague
or anywhere else,” he added.
The prosecution had requested the trial chamber to
exercise its powers under article 64(6) (b) to “require the attendance
and testimony of witnesses” P- 0015, P-0016, P-0336, P-0397, P-0516,
P-0524 and P-0495.
The witnesses, all of whom were under the
protection of the court, gave statements providing information that
addressed the core planning events that led to the 2007 post-election
violence and alleged personal involvement by the accused.
According to the prosecution, the witnesses
described the pre-election meetings they attended, some at Mr Ruto’s
home, where the post-election violence was planned and in which
participants, including the deputy president, distributed money and
weapons.
Their identities were disclosed to the defence
between February and March 2013, but following months of cooperation,
the witness either refused to communicate with the prosecution and have
said they no longer wish to testify.
They also gave evidence on how Mr Sang’s incited
violence through his Kass FM broadcasts. The prosecution argued that
they had exhausted all avenues to compel the witnesses to testify and
requested the assistance of the government to summon them.
According to Deputy Prosecutor James Stewart, the
witnesses’ evidence will be necessary for the presentation of their case
and for the Chamber’s determination of the truth.
“The interests of justice are best served by having these witnesses appear and testify,” said Mr Stewart.
Mr Stewart said the witnesses could be compelled
by the court to either testify via video link or before the Trial
Chamber sitting in Kenya.
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