, NAIROBI, Kenya, Feb 5 – The International Criminal Court (ICC) has admitted the report of the Commission of Inquiry into the Post Election Violence (CIPEV) as evidence in the case against Deputy President William Ruto and journalist Joshua arap Sang.
The judges explained that they admitted the CIPEV report referred to as the ‘Waki report’ after evaluating that it was an important document to be considered in establishing the truth.
According to the judges the benefits of the report were crucial though they considered the defence contention that admitting the report was damaging to the accused persons.
The judges explained that the report was admitted as the prosecution will not use excerpts that discuss the criminal liability of the accused persons.
“The chamber is of the view that the prima facie probative value outweighs any prejudicial effect, noting that the excerpts on which the prosecution intends to rely do not refer to the alleged acts or conduct of the accused. Accordingly, the Chamber admits KEN-OTP-0001-0364,” the judges stated.
The CIPEV report is annexed as KEN-OTP-0001-0364.
In the ruling dated February 4, Trial Chamber V (a) admitted the CIPEV report but rejected the other 11 documents the prosecution wanted to be accepted as evidence.
One of the documents included an elaborate report of the Kenya National Commission on Human Rights (KNCHR) titled ‘On the brink of the Precipice: A Human Rights Account of the Post -2007 Election Violence’.
The judges also rejected another key document which is the status report on Internally Displaced Persons (IDPs).
An oral submission of the document was made during the testimony of witness P0-247 who was a former commissioner of CIPEV.
The prosecution also wanted to use a document (KEN-OTP-0010-0034) which was an internal memorandum from the Information and Communication Ministry which had information regarding Sang’s show Lee Nee Emet on Kass FM.
The prosecution wanted the document to be admitted as evidence to corroborate audio recordings, transcripts and translations provided as evidence against Sang.
The judges however rejected the prosecution’s explanation to have the memo admitted as the prosecution’s evidence.
The defence teams of Ruto and Sang had earlier discredited the CIPEV report and 11 others saying they were inadmissible and they could also ‘usurp the chambers’ fact finding function’.
While they doubted their relevance in their case, they claimed that the documents were pre-recorded testimonies that should not be used in the trial.