Ruto heads to The Hague to defend himself

By Roseleen Nzioka

Eldoret North MP William Ruto left for The Hague Tuesday morning to attend the confirmation of charges hearing at the International Criminal Court.

Eldoret North MP William Ruto (in cap), greets supporters at the Jomo Kenyatta International Airport before departing for The Hague on August 30, 2011. On his left is Trade minister Chirau Ali Mwakwere. Photo: Standard

He will not just be in attendance but actively defending himself against charges as spelt out by the Pre-Trial Chamber II, that Ruto, together with Kosgey, is criminally responsible as an indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute for the crimes against humanity of:

* murder (article 7(l)(a));

* forcible transfer of population (article 7(l)(d));

and

* persecution (article 7(l)(h)).

Ruto is among the six suspects ICC Prosecutor Louis Moreno Ocampo implicated as key perpetrators in the 2007/2008 post-election violence in Kenya.

Two other accused Tinderet MP Henry Kosgey and radio presenter Joshua arap Sang are also expected at the hearings to defend themselves. The hearings for the three are set to start from September 1 to 12.

The other three suspects are: Finance minister Uhuru Kenyatta, Head of Public Service Francis Muthaura and Postmaster General Hussein Ali.

The confirmation of charges hearings for Mr Kenyatta, Mr Muthaura and Major General Ali are scheduled to start on September 21.

Each suspect is allowed a maximum of two witnesses for their defence at the confirmation of charges hearing.

The confirmation of charges hearing will determine whether the suspects can be taken for full trial or be set free.

In its timetable released last Thursday, the Pre-Trial Chamber II will start with Ruto’s observation on jurisdiction, admissibility and procedural matters.

He will be followed by Kosgey and Sang.

On September 3, Ocampo presents his evidence and modes of liability of each suspect then Ruto gives his defence.

On the same day, Ruto’s first witness will take the witness stand.

Ocampo will have part of Monday 5 September to question Ruto’s witness before Ruto brings in the second one.

From September 6, hearing on confirmation of charges against Kosgey will kick-off as Sang’s team prepares to take the stand from September 9 to 10.

In the Document Containing Charges (DCC) filed by Moreno-Ocampo at ICC, he claims that the two MPs and Sang hatched a plot to punish and expel PNU supporters from specified areas in the North Rift region under a ‘common plan’ which had military command structure, logistical approach, and precision in execution.

The fates of Ruto, Kosgey and Sang hinges on how they fight off charges that they commanded, financed and armed an unnamed Kalenjin terror network.

ICC Prosecutor Luis Moreno-Ocampo will be arguing that Ruto and Kosgey, held at least nine meetings at which the post-election violence was designed, and that the planning began in 2005.