Ruto to adjust to new protocol at the Hague

PHOTO | FILE Deputy President William Ruto is welcomed by his lawyer Karim Khan to the International Criminal Court at The Hague for the Status Conference of his case. He is accompanied by his wife Rachel (centre).  NATION MEDIA GROUP

By Walter Menya
More by this Author

The Deputy President William Ruto will find himself in unfamiliar territory once the post-election violence trial against him starts at the International Criminal Court in 10 days.

And, although he is not under arrest, Mr Ruto will have to forego the privileges he enjoys as deputy president while inside the court, including his security, which the ICC said will be handled by the court.

“The ICC has authority inside its own premises, thus all security matters inside have to be taken care off solely by the court’s security. However, outside of the ICC premises, such matters are under the authority of the Dutch State; Kenyan authorities may discuss it directly with their Dutch pairs,” ICC spokesman Fadi El Abdallah told the Sunday Nation in an interview.

It means that whether or not Mr Ruto would be escorted by his usual security detail when he is within the court precincts is entirely a matter to be determined by the court. As deputy president, Mr Ruto enjoys round-the-clock protection from the elite Recce Company of the General Service Unit. Wherever he goes, members of his security detail must keep an eye on him, which will be different anytime he is at the court.

The trials of Mr Ruto and his co-accused Joshua Sang will start on September 10 to October 4 before the Trial Chamber adjourns for a week to resume sittings on October 14 to November 1. The trial will be held before Trial Chamber V(a) composed of Judge Chile Eboe-Osuji (presiding), Judge Olga Herrera Carbuccia and Judge Robert Fremr.

THEIR CHARGES

The two are jointly accused of crimes against humanity which they allegedly orchestrated during the 2007/08 post-election violence. Meanwhile, President Uhuru Kenyatta’s trial begins two months later on November 12. However, the ICC will hold a Status Conference on September 6 to consider President Kenyatta’s request to attend his trials through video link and the procedural issues ahead of the start of his trial.

For the court, it would be a precedent setting trial because it is the first time a sitting deputy president is facing trial at the court. An August 30 press statement by the court advising journalists who wish to cover the opening of the trials to seek accreditation in advance confirmed the same. “Please note that given the expected high attendance for this hearing, journalists who do not confirm their attendance in advance cannot be guaranteed access to the hearing,” the statement said.

The tentative trial schedule indicates that the Ruto-Sang trials would be running from 9.30 am to 4 pm daily during weekdays.

Meanwhile, Mr Abdallah said Mr Ruto and Mr Sang remain free as long as they observe the conditions set by the trial chamber judges.

“There are no arrest warrants for Mr Ruto or Mr Sang. They are free persons and are only requested to be present at the hearings, in accordance with the schedule that is established by the ICC judges. Outside of this presence, and on the condition of continuing the compliance with the iudges’ orders and conditions of no interference with witnesses, there are no restrictions imposed on them,” the ICC spokesperson said.

According to Mr Abdallah, during the days of breaks, which include weekends and ICC holidays, Mr Ruto and Mr Sang are free to travel.

Much as they can travel, Mr Abdallah said, “they however need to ensure that they will be on time for the hearings as scheduled by the judges. The ICC sections facilitate any logistic issues that may arise, in coordination with the Kenyan authorities and The Netherlands.”

This more or less restricts them to the court precincts except on weekends, during court holidays and the periods before and after each session each day. Thus, Mr Ruto would miss his frequent political rallies and meet-the-people tours he enjoys.

Mr Ruto lost his application for the trial to be staggered to enable him perform his constitutional functions. The deputy president wanted the proceedings held for two weeks followed by two week breaks.

BALANCING ACT

Aware that he will be away for nearly a month, the deputy president has the difficult task of making a choice on whom to entrust with the political and administrative charge of his office while he is away. Mr Ruto’s chief of staff Mary Keittany is a prime candidate to run the administrative wing to ensure the two key divisions, Efficiency Monitoring Unit (EMU) and the Inspectorate of State Corporations (ISC), operate smoothly. 

The deputy president’s office relinquished a number of divisions and departments that were previously under the office of the Prime Minister to either the Office of the President or the Ministry of Devolution and Planning, including performance contracting, public service reforms, the Parliamentary Affairs Office and rapid results initiative. The climate change department was also moved to the Ministry of Environment. 

Furthermore, the deputy president may also have to hand over party leadership role to a trusted party lieutenant. His URP party began its retreat in Naivasha on Friday under the chairmanship of former House Speaker Francis ole Kaparo as the referendum push by Bomet Governor Isaac Rutto gathers momentum.

While opening the two-day retreat, Mr Kaparo hinted at the management changes while the party leader is away, saying the retreat would address the party’s organisation and the way forward. The deputy president was expected to meet URP lawmakers on Saturday.

Meanwhile, the ICC Registrar, Herman von Hebel, is scheduled to hold a joint press conference on Monday September 9 with Prosecutor Fatou Bensouda and defence counsel Karim Khan and Katwa Kigen for Mr Ruto and Mr Sang respectively at around 1 pm Kenyan time ahead of the commencement of the trial.

The victims’ legal representative Wilfred Nderitu will also be present for the media briefing.

As happened during the status conference, Mr Ruto will be received at the Schiphol Airport by Kenya’s ambassador Makena Muchiri. In addition, as sitting deputy president, he will be accorded full diplomatic treatment.

Mr Nderitu said that since Mr Ruto and Mr Sang do not have arrest warrants on them, the ICC is not obligated to receive them at the airport.

“There is a common understanding and as such there will be no obstacles. However, his movements should be in a manner that makes it possible for him to attend the sessions,” Mr Nderitu said.