Ruto wants to be tried in absentia

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Deputy President William Ruto (right) with Bungoma Senator Moses Wetang’ula after the official opening of the bicameral Parliament in Nairobi on Tuesday. Photo/RAPHAEL NJOROGE  NATION

By DAVE OPIYO dopiyo@ke.nationmedia.com
Posted  Wednesday, April 17  2013 at  21:13

IN SUMMARY

• The Deputy President would be represented in the courtroom at all times by his lawyers, who would examine witnesses on his behalf and raise legal arguments, Mr Khan said.
• Mr Ruto had on February 28 asked the court to allow him attend the trials through video link, but the judges are yet to rule on the matter.

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Deputy President William Ruto wants the International Criminal Court to partially try him in absentia.

Mr Ruto, who is facing crimes against humanity charges at The Hague, has filed an application to the Court, seeking to be exempted from attending some of the sessions once his trial begins on May 28.

The Deputy President would like to attend only the opening and closing of his trial, all hearings at which his attendance is requested by the Court, and any other sessions he may choose.

Through his lawyer, Mr Karim Khan, Mr Ruto says the Court could alternatively authorise the use of video link technology.

Mr Ruto, President Uhuru Kenyatta and radio presenter Joshua arap Sang, are facing crimes against humanity charges at the ICC in relation to the 2008 post-election violence in which 1,133 people were killed and another 650,000 displaced.

The case against President Kenyatta will begin on July 9.

Mr Khan says any accused individual could waive the right to be present at the trial, provided his rights were fully guaranteed.

“Having been fully informed of the implications, Mr William Samoei Ruto wishes to waive his right to be present at his upcoming trial,” said Mr Khan in a submission to the Court.

“Accordingly, the defence for Mr Ruto respectfully requests that the Trial Chamber grants Mr Ruto’s waiver and conducts the trial without requiring his attendance throughout the duration of proceedings,” he adds.

The lawyer says granting the request would enable the court to strike the “correct balance” by allowing not only the trial but also the governance of the country to continue unimpeded.

The Deputy President would be represented in the courtroom at all times by his lawyers, who would examine witnesses on his behalf and raise legal arguments, Mr Khan said.

“Mr Ruto will be able to communicate freely with his lawyers in confidence and to conduct privileged communications. He will be able to follow proceedings whenever he chooses, using the ICC External Parties Network which will provide him with access to live transcripts, real-time evidence and filings,” he said.

Mr Ruto had on February 28 asked the court to allow him attend the trials through video link, but the judges are yet to rule on the matter.

“The defence, therefore, submits this filing and requests that it be considered the primary request for relief and that the video link request be considered the alternative request for relief,” Mr Khan said, adding that the Deputy President had been cooperating with the court and was actively participating in its proceedings.

He said granting Mr Ruto the request would have no effect on the rights of any of the parties in the proceedings, nor would it undermine the court’s authority.

Mr Ruto would remain subject to the Court’s jurisdiction and bound by the conditions of the decision issuing the summons to appear, the lawyer added.