“This will strengthen the establishment of the African Court of Justice,” Tuya said.
Murkomen said it was increasingly necessary to review the relationship of Africa with the court since it appeared to apply certain rules for Africa alone.
“You cannot score a goal and then you are told it’s not a goal because the posts have been moved,” Murkomen said in drawing a parallel to the way the court has handled the Kenyan case.
DP Ruto and journalist Joshua arap Sang have already been granted leave to appeal the decision that allowed ICC Prosecutor Fatou Bensouda to use statements of recanting witnesses.
The judges concluded that the defence teams raised appealable issues that require an interpretation of the Appeals Chamber’s decision to avoid adverse effects on the case.
They based their explanation on several issues which included the possibility of the prior recorded statements affecting the outcome of the trial.
According to the judges, there was a high possibility that statements of the four witnesses would affect the outcome of the trial in view that they were not expert witnesses.
If the decision issued was found to be in error later, the judges explained that the prior recorded statements would not be relied upon when determining the outcome of the trial.
In allowing the defence teams to appeal the decision, it was further noted that there would be interference with the fair and expeditious conduct of the proceedings.
“The chamber agrees with the defence that the identified issues relate to incriminatory evidence that has been admitted into the record and which could significantly impact the length of the proceedings,” they stated.
The defence teams argued that the amendment passed during the 12th Session of the Assembly of State Parties in 2013 was not to be applied retrospectively.
They also complained that it would infringe on the rights of the accused since there would be no opportunity to cross-examine statements made by the five witnesses.
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