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ICC welcomes fresh information from either Kenyan government or any individual concerning Ruto and Sang cases

International Criminal Court (ICC) Chief Prosecutor Fatou Bensouda has said The Hague-based court is open to receive fresh information relating to Deputy President William Ruto and radio host Joshua arap Sang cases.

On April 5, 2016, Trial Chamber V (A) vacated the charges against William Samuel Ruto and Joshua Arap Sang after the prosecution applied for their acquittal, citing paucity of evidence.

“As a general matter, in accordance with Art. 15 of the Rome Statute – the founding treaty of the ICC – any individual or group from anywhere in the world may send information on alleged crimes to the ICC Prosecutor, who is duty-bound to protect the confidentiality of the information received. The office analyses any such materials submitted, as appropriate, in accordance with the Rome Statute and with full independence and impartiality,” Ms Bensouda said in an email to the Nation.

Bensouda said that since the cases against the two were not terminated her office is ready for any fresh information from either the government of Kenya or any individual.

A part of a ruling read that proceedings were declared a mistrial due to a troubling incidence of witness interference and intolerable political meddling.

Deputy Ruto was among six individuals charged and deemed to bear the greatest responsibility for crimes against humanity perpetrated in the 2007/2008 post-election violence.

However, DCI boss George Kinoti clarified that he will not reopen cases of the 2007/08 Post-Election Violence(PEV).

This is after he declared that DCI is going to reopen PEV cases.

Kinoti said that it was an acknowledgment of concerns raised by Kenyans, to assure the public of the commitment of the DCI to investigate all reported threats to security and to sensitize the public on the need for peaceful co-existence,” he said.

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He stated that in the course of investigations if they find that a particular case was determined by the courts they will not reopen such a case since nobody can be subjected to double tragedy as defined in our Constitution.

President Uhuru Kenyatta and his deputy have criticised the DCI over a move to revive criminal cases related to the 2007/08 post-election violence. The President warned the move would be a recipe for ethnic conflicts.

The President said the decision to reopen the cases was taken without proper thinking on the reality and declared he would not support it.

 

By Joy Kyalo

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