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Ruto missed Nairobi ICC trial by single vote

This was however dismissed on the basis that there have been similar peaceful demonstrations and hence it would be timid for the ICC prosecution to be scared of such protests.

“It is thus strange to use the risk of peaceful demonstrations as a reason to avoid commencing the trial in Kenya. It is just as strange that international prosecutors would be so psychologically intimidated by peaceful demonstrations outside the courthouse as to be unable to do their job.”

The opposing judges were also concerned that the process would be politicised if it came closer to Kenya, in view that it has been extremely difficult for the ICC to persuade Kenyans to separate the ICC cases from local politics.

“The judges were not persuaded that holding the opening statements in Arusha or Nairobi was the best solution, due to an acute risk of politicisation surrounding the commencement of the court’s proceedings in the case and of ensuing negative press coverage or anti-ICC demonstrations,” the ruling indicated.

However this argument was met with deep criticism.

Another concern for opposing Kenya or Arusha was that Ruto would be undermined as the Deputy President and would also affect the security of witnesses and victims.

That was also dismissed since it would mean “in theory that a Rome Statute State Party would never be in a position to prosecute its political leaders for crimes within the jurisdiction of this court.”

Pre-Trial presiding Judge Kuniko Ozaki, who agreed that it would be a risk to witnesses and victims, voted in support of the trial against Ruto and Sang to be heard in Nairobi or Arusha.

 

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