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Prosecutor Fatou Bensouda has lined up 42 witnesses against William Ruto (R) and Joshua arap Sang (L)/CFM

Kenya

ICC Prosecutor seeks 400hrs to present Ruto case

Ruto’s and Sang’s defence opening statements will then follow respectively.

The opening statement of each party will take up to a maximum of two hours.

The defence teams in the Ruto-Sang case were also asked to disclose to the court and other parties in the case copies of material they will use by 5 September if it was not in the possession of the prosecution’s evidence.

The judges also agreed that only the charges section of the Document Containing Charges will be read out during the opening session of which Ruto and Sang defence teams will be required to submit certified declarations on that issue by August 29.

The judges said that any objection notices by either of the parties should be filed by August 26.

The chamber will, in principle, permit the defence to enter submissions, at the close of the case for the prosecution, asserting that there is no case for it to answer at the end of the prosecution’s presentation of evidence.

The judges also allowed the defence teams to file motions of ‘no case to answer’ after the prosecution present its evidence.

“The chamber will, in principle, permit the defence to enter submissions, at the close of the case for the prosecution, asserting that there is no case for it to answer at the end of the prosecution’s presentation of evidence. The chamber will in due course give both its reasons for permitting this manner of procedure and further guidance as to procedure and applicable legal test,” the judges asserted.

Whereas Sang will be present throughout the trial sessions, the trial chamber allowed Ruto to attend some sessions which include the opening and closing statements of all parties.

The decision was however challenged by the prosecution and the Appeal’s Chamber is yet to give its verdict if Ruto should attend all the sessions or will skip some sessions.

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The trial against President Uhuru Kenyatta is set to begin on November 12.

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