Fatou Bensouda, the Chief Prosecutor of the International Criminal Court has formally notified the Trial Chamber V(A) of the conclusion of the prosecution case in the William Ruto and Joshua Sang Case. “In compliance with the Trial Chamber’s order ICC-01/09-01/11-1948-Conf, the prosecution hereby notifies the Trial Chamber, parties and participants that it formally closes the prosecution’s case,” ICC Prosecutor Fatou Bensouda stated on her application to the court.
Her notification comes after the Trial Chamber judges by majority, granted the Prosecution’s Request to use into evidence the prior recorded testimony of a number of witnesses pursuant to Rule 68(2) (c) and (d) of the Rules of Procedure and Evidence, without prejudice to the weight, if any, which will be attached to them in the Chamber’s weighing of the evidence. However, the Trial Chamber on Thursday allowed Deputy President William Ruto and journalist Joshua arap Sang to appeal the decision that allowed the use statements of recanting witnesses. Ruto and Sang are from this stage expected to orally request for a motion of a no-case-to-answer before making written applications after closure of the prosecution’s case. Decision No. 5 on the Conduct of Trial Proceedings (Principles and Procedure on ‘No Case to Answer’ Motions). Ruto and Sang have been on trial since September 2013. They each face three counts of crimes against humanity for their alleged roles in the violence that erupted in Kenya after the December 2007 presidential election.
