After Ruto, Bensouda now goes for Uhuru

The prosecution said if the Trial Chamber does not reverse its decision, it should allow it leave to challenge the decision at the Appeal’s Chamber/FILE

The prosecution said if the Trial Chamber does not reverse its decision, it should allow it leave to challenge the decision at the Appeal’s Chamber/FILE

NAIROBI, Kenya, Oct 25 – The International Criminal Court (ICC) Prosecution wants Trial Chamber V(b) to re-consider its decision which allowed President Uhuru Kenyatta to skip sessions of his trial which starts on November 12.

In a statement, the prosecution said it would ask for a reversal of the decision based on Friday’s ruling by the Appeal’s Chamber which made it mandatory for Deputy President William Ruto to continuously attend sessions of his trial.

The prosecution said if the Trial Chamber does not reverse its decision, it should allow it leave to challenge the decision at the Appeal’s Chamber.

“The Office of the Prosecutor will request Trial Chamber V(b) to reconsider its decision to conditionally excuse Mr Kenyatta from continuous presence at his trial or in the alternative, to grant the OTP leave to appeal that decision,” the OTP indicated.

The prosecution said it based its intention to appeal based on the ruling made by the Appeals Chamber in regards to Ruto’s request.

The Appeals Chamber on Friday ruled that Ruto can apply to be excused from continuous presence only in exceptional instances on case-by-case basis.

Moments after the ruling, Ruto was allowed to skip his trial for three days following a request by his lawyer Karim Khan who said Ruto required to be in Kenya to hold brief for President Kenyatta who will be travelling to a regional security meeting in Rwanda.

Last Friday, Trial Chamber V(b) allowed Kenyatta to skip sessions of his trial so that he can attend to his State duties as the President of Kenya.

Trial Chamber V(b) judges said they allowed President Kenyatta’s request in respect of his rights and also in consideration of protection of victims and witnesses.

The judges however made it mandatory for Kenyatta to attend the opening and closing statements of all parties to the case and during the presentation of victims’ views.

They also said Kenyatta would be required in person during the sentencing hearings, delivery of the sentence, during the impact hearings of victims and also during reparation hearings.



Judie, an Associate Editor started practicing journalism in 2003. She has worked in Kenya and Germany. Judie has scooped awards in Reproductive Health, Population, Gender and Development. She has participated in international conferences in Germany, Switzerland and Netherlands. Judie has written a booklet, 'Justice and Peace in the Kenyan Eye'. She has a soft spot for human rights, crime, peace and justice stories. She has a Master's Degree in New Media, Governance and Democracy, University of Leicester (U.K).

  • Natty Dread

    This appeal was inevitable after Ruto’s Appeal was denied, but the results might be radically different. Does the ICC seriously want to leave a nation ungoverned?

    • Carlos Mopis

      But that is the objective of the financiers so as to impose their puppet on Kenyans.

      • Natty Dread

        No doubt there’s a scheme underway to impose a desired puppet on Kenya, but I’m convinced that it will FAIL!

  • Mike Murdoch

    The ICC is a joke, The only people they can prosecute are Africans. AU should withdraw from the ICC, unless ICC can hold everyone accountable, including nations that continue to commit war crimes, such as israel.

  • Hague not Vague

    The ruling in the Ruto appeal is now the established standard and in fact it is based on the provisions of the Rome Statute. The ICC is not one of the Kenyan courts where rules and verdicts are reached on the basis of the status of the accused. Chamber V(a) and V(b) tried to wiggle around the law but the Appeal Chamber has laid down the hammer. The law is the law. It is interesting that the same uhuruto forces who have been screaming at the ICC not to be involved in Kenyan politics now want to drag the ICC into Kenyan politics by forcing the court to protect uhuruto political interests. It is just nonsense. If uhuru cannot govern by skype as he promised Kenyans he should resign immediately and deal with his so called personal problems. Now wait for the UNSC to spit at the deferral upuzi and then uhuru will have some decisions to make.

    • Charles

      The law was meant for man and not man for the law. The ICC is just a pity, Shame on you. You should go on and cause chaos in a peaceful country like Kenya. The testimonies of all the witnesses shows that they are all false witnesses. In fact, some of them are supposed to have been jailed by now for lying in court under oath.

    • kenya yetu

      just because it says International does not make it better than Kenyan!! so far this ICC has proven to be a big Joke. Preschoolers can do better investigation.

    • george mwaura

      Am shocked that you do not know that the decision to go for the two was political;Are you serious that you do not know who started the P.E V?Or maybe you are not from this country.

  • Qwani

    There appears to be a very sinister move here. Perhaps it is about time we also re-looked into the issue of Somalia. We should adopt a policy similar to that of the Israelis. Hammer the al-shaabab within a given timeframe, withdraw our troops, send back the Somalis and set up a secure buffer zone. We need to start looking out for our own interests. If we are not careful, we could find ourselves fighting terrorism on our own. The reasoning of the ICC is not very far from that of many European nations.

  • cbertmann

    Once I saw this Besounda says that it does not matter if one is a president. We ll it DOES matter.She will learn this by the end of the trails. She will be embarrassed as her case will falter. She will be ashamed . She may even get pushed out of her position. She is playing in major leagues. There is a reason no one including Ocampo ever went for the big dogs.

    • Kenya Yetu

      ICC tries indicted suspects. uhuru and ruto are indicted suspects. There is really no much bile to chew on there. uhuru and ruto imagined the cases against them will stop once they grab State House. That was a myth and it was the main reason they wanted to be in power. It has not worked and wont. The unanimous Appeals Chamber ruling tells Uhuru and ruto that they are inductees at the ICC. Nothing else. That is as it should be. sawa. It hurts some but it is the situation as we speak. Nothing will change. If uhuru wants to be an international fugitive he is free to do so. That is some consolation, isn’t it?

      • kenya yetu

        If you had any objectivity in you, based on what has transpired with the coached witnesses so far, you wouldn’t even recommend the ICC for your worst enemy. Indictment based on lies is a shame, period.

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