, NAIROBI, Kenya, Oct 17 – Human Rights Activist Ken Wafula wants the International Criminal Court (ICC) case against Deputy President William Ruto and former radio presenter Joshua arap Sang dismissed since they cannot be convicted on what he terms as “forged evidence.”
His statement comes in light of claims by Gatundu South legislator Moses Kuria that witnesses were coached to fix the two.
Wafula who had strongly advocated for a jail sentence in the case indicated that the judges should seriously consider the exposure of witness coaching.
“The honourable William Ruto and his co accused should be set free and the ICC cases against them withdrawn. No person should be charged and convicted on the basis of false and fabricate evidence and any trial judge who discovers along the way that indeed witnesses were bogus and planted has the discretion to suspend a trial,” he said.
The activist apologised to Ruto and stated that he had changed his position regarding the case.
“I take the earliest opportunity to tender my sincerest apologies to the Deputy President and Mr Sang. I may have vigorously defended the ongoing ICC cases and stood up for the rights of the witnesses and I may also have taken a hard line stance in regard to the proceedings at The Hague but now with the confession and revelation (of Moses Kuria), I am re-looking my position,” he stated.
Wafula underscored the need for strong action to be taken against those who had a part in coaching the witnesses in the case.
“The ICC should move fast and prefer charges against the then State House and Harambee House operatives who procured the said witnesses for committing crimes against the administration of justice and conspiracy to defeat the course of justice,” he said.
He recalled the events following the post election violence saying that it made a lot of sense in the wake of Kuria’s revelations.
“I further learnt albeit belatedly that some of the witnesses were ferried from Harambee House in a government Land Rover to Nakuru CID headquarters to record statements after the post election violence. This was in February 2008. This further gave credence to Kuria’s allegations. These individuals were residents of the North Rift and therefore it is suspicious that they had to start their morning journey from Nakuru to Harambee House,” he stated.
During his submissions, Ruto’s defence lawyer Karim Khan had played a video recording at the ICC in which Wafula vowed that President Uhuru Kenyatta and Ruto should be jailed by the court.
In the recording, Wafula is heard telling a Coalition for Reforms and Democracy (CORD) rally that the cases against the two would see them incarcerated.
At the time, he urged people attending the CORD rally to ensure that they united to kick out President Kenyatta’s Jubilee Government which he accused of failing to deliver.
He referred to the government as one that had reduced itself to a ‘body of nitwits’ hence it was the time for it to be replaced.
The prosecution at that time expressed its opposition to the video as evidence when Trial Attorney Lucio Garcia asked of its relevance during the cross examination of the 27th witness.
Khan however explained that Wafula’s sentiments and decision to use the ICC cases to arouse the crowd was questionable before he requested for a private session.