William Ruto lawyer Karim Khan opposes bid to defer ICC case

What you need to know:

  • Mr Khan said Mr Ruto is keen to have the matter concluded as soon as possible.
  • Presiding judge Chile Eboe-Osuji supported a request that a second opinion on the mental state of the witness be sought.

Lawyers representing Deputy President William Ruto and radio journalist Joshua arap Sang on Monday opposed a request to have their case at the ICC postponed for 21 days.

This was after a witness who was set to testify asked the International Criminal Court for more time to prepare before shedding light on the 2007/2008 post-election violence.

The violence left more than 1,000 people dead and 350,000 others displaced.

Mr Karim Khan, the Deputy President’s lead lawyer, and Mr Katwa Kigen, representing Mr Sang, said there was no basis for the proceedings to be adjourned.

Mr Khan said Mr Ruto is keen to have the matter concluded as soon as possible to enable him to concentrate on his constitutional duties of serving Kenyans.

“You have requested Ruto to attend for five days. He has important issues to attend to and I don’t want him to hang around,” Mr Khan said as he objected to the adjournment request.

Mr Ruto and Mr Sang keenly followed as the defence and prosecution reacted to the witness’ wish to have the proceedings deferred.

AN ILLEGAL UNDERTAKING

Mr Khan said he was not convinced with the prosecution’s position that it was not able to give a statement to the witness, adding that this was an unfortunate and illegal undertaking.

“This is a 32-page statement. Mutai can go through it with the witness. The witness can give evidence tomorrow (Tuesday) to allow Mr Ruto not to be wasted unnecessarily and allow him to go back and serve 40 million people in Kenya,” said Mr Khan.

Lawyer Geoffrey Mutai presented a medical report to support the witness’ claims that he was depressed and needed time to get better before he comes to testify.

The witness sought permission from the court to have a senior counsel, who is yet to be included in the list of lawyers, guide him through his testimony.

Mr Mutai told the court that the witness had recanted some parts of his testimony. He said in certain instances the witness had provided two divergent statements and there was need to establish the circumstances under which he gave them.

“Given the witness’ lack of preparedness, and his current mental state, and counsel issues, more time, at least 21 days, will be sufficient to enable us to guide him in his testimony,” Mr Mutai pleaded with the court.

However, the prosecution maintained that Mr Mutai’s request lacks factual support and that the medical report does not warrant a deferral of 21 days.

Presiding judge Chile Eboe-Osuji supported a request that a second opinion on the mental state of the witness be sought from an independent doctor.

Mr Ruto is accused of sponsoring the attacks while Mr Sang is alleged to have contributed to the violence through his radio programmes at Kass FM.