Kenya wants the member states to discuss application of the controversial amendment to Rule 68 which allows use of prior recorded statements of International Criminal Court witnesses/FILE
Members attending the 14th session of the ASP on Wednesday adopted Kenya’s proposal in plenary to debate the two issues.
Kenya wants the member states to discuss application of the controversial amendment to Rule 68 which allows use of prior recorded statements of International Criminal Court witnesses.
The amendment to Rule 68 was adopted during the 12th session of the ASP which has so far worked to the advantage of the prosecution.
Trial Chamber IV which is hearing the case against Ruto and Sang allowed use of prior recorded evidence of five witnesses.
The matter is however before the Appeals Chamber in which the defence is challenging use of evidence of recanting witnesses.
The Africa Union was enjoined in the application to oppose use of Rule 68 which together with the defence, argued that member states adopted the rule but it was agreed that it was not to be applied retrospectively.
READ: AU joins Kenya in objecting witness rule in Ruto case
On Friday, the focus again will be on Kenya with its second item in which it wants member states to audit procurement of witnesses who testified against Ruto and Sang.
The debate on procurement of ICC witnesses generated a storm after the Trial Chamber allowed ICC Prosecutor Fatou Bensouda to use evidence of five witnesses who recanted their evidence at trial stage.
Through a series of prayer rallies held for Ruto and Sang, the political class discredited the manner in which ICC witnesses were recruited.
They have also contested their credibility terming the ICC case as a political matter.
Some of them alleged that they were involved in procuring witnesses but for selfish and insincere motives meant to set political scores between the Orange Democratic Movement and the Party of National Unity which were the main rival parties during the 2007-8 post-election violence.
Defence counsels throughout the prosecutor’s case have argued that the ICC coerced witnesses, coached them and bribed them to give evidence against Ruto and Sang.
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