ICC judges questioned the prosecution’s failure to notify the court about the weakness of the case despite efforts to set a trial date.
The prosecution blamed the Government of Kenya for failing to furnish it with evidence and also pointed its fingers to allegations that witnesses had been interfered with.
READ: From the ‘Ocampo Six’ to ‘Bensouda Three’
In September 2013, the trial against Ruto and Sang started after vacating the earlier date set for May 2013.
Soon after the trial commenced, continuous adjournments ensued due to lack or failure by the prosecution to present witnesses.
The defence teams incessantly complained about the manner in which they were inconvenienced due to abrupt adjournments of court sessions.
But despite the hiccups, the prosecution presented 29 witnesses to testify.
According to the DCC released on August 1, 2011, Ruto and Sang planned attacks in the Rift Valley during the 2007-8 post election violence.
It was alleged that Ruto and Sang, as early as 2006 to January 2008, “planned to expel individuals namely members of the Kikuyu, Kamba, and Kisii (later referred to as PNU supporters).”
They were accused of creating a network of perpetrators which by 2008 had conducted “not less than nine preparatory meetings and events” in which they planned attacks on rival PNU supporters.
Several witnesses withdrew while others refused to testify and were compelled to testify, others recanted while some said they had been bribed to testify for the prosecution or recant evidence.
By this time, the trial against President Kenyatta had failed to start with constant announcement and vacation of new dates of trial.
On December 5, 2014 Bensouda withdrew charges against President Kenyatta due to lack of evidence.
READ: Bensouda drops President Kenyatta’s ICC case
The prosecution on claims that witnesses were interfered with, was allowed to use evidence of five recanting witnesses, a decision that was later rejected by the appeals chamber.
Bensouda had argued that without the evidence of the five witnesses, her case against Ruto and Sang would be weak.
Following the prosecution’s allegations that witnesses were interfered with, ICC judges issued warrant of arrests against three Kenyans.