“We are telling ICC judges they should not use recanted evidence against DP William Ruto and Joshua Sang,” part of his statement indicated/FILE
Duale however pointed out that the problem leaders have is the use of recanted evidence under the amended Rule 68.
His sentiments came during a meeting with a delegation of MPs and government officials in Eastleigh hosted by Kamukunji legislator Yusuf Hassan.
“We are telling ICC judges they should not use recanted evidence against DP William Ruto and Joshua Sang,” part of his statement indicated.
Judges handling Ruto’s case on Friday expressed dismay over what they described as a clamour in the Kenyan media to influence outcome of the trial.
Presiding Judge Chile Eboe-Osuji warned in a strongly worded statement that they were fully aware of attacks directed at the court especially when major decisions are made.
Osuji said the attacks made to either support a conviction or acquittal but in the long run, end up undermining the work of the judges and the authority of the court.
He regretted that some commentaries appearing in the media amounted to insults aimed at the court and judges.
He was however steadfast that the judges would not be cowed or influenced by the utterances.
Osuji said the judges would abide by the laws of the court and entirely rely on evidence submitted by the prosecution to make its decisions.
According to Osuji, no amount of public utterances will influence the outcome of the Kenyan case.
He made it clear the clamour in the media would have zero effect in the outcome of the case.
A decision by the trial chamber allowing the prosecution to use prior recorded statements of five witnesses who recanted their evidence is the centre of debate among politicians.
There is an application before the appeals chamber seeking to oppose the ruling on use of evidence from the five witnesses.
Gatundu South MP Moses Kuria stoked the fire when he revealed he paid witnesses to testify before the Kriegler Commission, and suggested the same witnesses may have been enlisted by former ICC prosecutor Luis Moreno Ocampo.
Kuria has since been asked to become a defence witness in the Ruto and Sang case.
Former PM Raila Odinga and his brother Oburu have in the meantime said they are ready to testify for Ruto.
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