Sep 20, 2021

Mawazo Writing Africa

Writing about the main

Fatou Bensouda: How William Ruto scuttled poll violence case

The negative accusation against Dr. Ruto is included in the list of evidence published yesterday against Kenyan lawyer Paul Gicheru. It was originally filed in confidentiality on March 12th.

In the case reminiscent of the post-election violence against the Vice President when prosecutors alleged the existence of a network that planned or planned the violence has carried out, the prosecutor now says there was a “joint plan” to bring witnesses against Dr. Ruto had set up to influence corrupt.

In the documents filed on Friday, Ms. Bensouda said that Dr. Ruto directed the joint plan aimed at helping him sink the case.

“The evidence shows that the pattern of witness interference … was carried out for the benefit of and in coordination with William Samoei Ruto,” says the prosecutor.

The ICC Chamber trial ended Crimes Against Humanity Indictment Against Dr. Ruto and journalist Joshua Sang on April 5, 2016. The decision to end the case, the ICC said, was the result of massive witness interference, political interference and weak evidence from prosecutors as a result of the manipulation.

< p> Bensouda: Ruto and Sang approx. ses still alive

At the time, the judges said there was no evidence of the personal involvement of the Vice President or Mr. Sang. Both defendants have preserved their innocence in the matter, and these new allegations, grave as they are, do not add criminal value to the already closed case.

Some of the mediators have reportedly told witnesses that the money Bribes were handed out by the deputy president through attorney Paul Gicheru. However, the evidence of the allegation will be Mr Gicheru’s word against the witnesses, as there is no record of money transfers as the funds were allegedly paid out in cash.

The joint plan, it says in the 161- The criminal prosecution document on the same page was prepared in coordination with Dr. Ruto performed. Mr. Gicheru, who surrendered to court in November 2020, is said to have been the plan’s manager and intermediary, comprised of Mr. Silas Kibet Simatwo, Chairman of the Board of Directors of Amaco Insurance; Mr. Isaac Maiyo, former chairman of the Constituencies Development Fund (CDF) of the Eldoret North constituency; and former Turbo MP Elisha Busienei.

Mr. Simatwo is variously described in law enforcement documents as “an influential Kenyan businessman and longstanding business partner of Ruto” and “an eye of Mr. Ruto”.

“Simatwo, Maiyo and Busienei made significant contributions to the joint plan by working with Gicheru to coordinate with Ruto, among other things, and took part in meetings between Gicheru and prosecutor’s witnesses at which they were corruptly influenced. In some cases, these other managers have telephoned prosecutor witnesses to promote the joint plan, ”the prosecution said.

The“ joint plan ”Ms Bensouda refers to in the documents, is the eventual sinking of the cases in The Hague by witnesses who were manipulated or harassed. This cabal around Dr. According to the documents, Ruto had the stated mission to free the deputy president.

In particular, the prosecutor of the ICC accused Mr. Gicheru of being witnesses against Dr. Ruto wanted to testify that they had influenced corruption by paying bribes and to draw the affidavits with which they revoke their statements to the ICC.

During his first appearance in 2020, Mr. Gicheru denied the ones raised against him Accuse. “I want this to be documented that I do not intend to admit the Article 65 charge, so for the sake of clarity I would like to state that the allegations read to me are not true,” he said on November 6, adding: “You’re wrong, all of them, the six are wrong.”

All the signs last night were that his defense team was preparing to counter the allegations against him in their written submissions. Mr Gicheru told the court on Thursday that he would not submit his evidence list. However, the prosecution has requested that the Pre-Trial Chamber request the defense to “submit a list of the specific evidence on which it will base its written submissions for the confirmatory process” by April 12, 2021 at the latest.

Read You: Two Kenyans wanted by the ICC for witness manipulation.

“Prosecutors contend that proper reading of the Chamber’s order while the defense is disclosing evidence is optional. Filing is optional The evidence list is not possible, ”said Ms. Bensouda yesterday in the filing.

Among the manager and the mediators was another group that the prosecutor claims to have the link between the prosecutor’s witnesses and the Managers as well as the first group of intermediaries. This group allegedly murdered the other two Kenyans wanted by the ICC, namely Walter Barasa, Philip Bett, defense witnesses Meshack Yebei and Sammy Kiptanui Kosgei.

“The mediators consisted of current or former law enforcement agents or witnesses who, because of their prior association with law enforcement and knowledge or association with law enforcement witnesses, were in a unique position to identify, locate, and persuade law enforcement witnesses to withdraw as witnesses and / or to engage with Gicheru and other managers, ”he tells Ms. Bensouda.

The final level of the plan, according to prosecutors, was the successfully corrupt witnesses who became mediators and were used to reach witnesses who were still Working with the ICC and telling their personal stories changed wealth after the gathering work with the court. They are Witnesses P-0397, P-0800, P-0495, P-0516, and P-0341, “who later also acted as mediators and helped promote the goals of the joint plan.”

The prosecution states that the joint plan was implemented until April 2013 and lasted at least until the conclusion of the Ruto Sang case on September 10, 2015.

“The existence of the joint plan can be deduced from the statements and Measures by the members of the joint plan that clearly show that they have worked in concert to achieve the common goals, “says Ms. Bensouda.

According to the evidence against Mr. Gicheru, this was most of the witnesses shortly after the goal Prosecution revealed her identity to Dr. Ruto’s defense team. The witnesses would be approached by people who had previously worked with the court and, in some cases, were those who presented them to the prosecutor.

Dr. Ruto was led by British attorney Karim Khan, the elected prosecutor of the ICC. He will take over from Ms. Bensouda’s term in June.

“The evidence shows that Gicheru and his staff have made concerted efforts to identify, locate and contact prosecutor witnesses then influence them in a corrupt manner in order to withdraw prosecution witnesses, revoke their evidence and / or to identify, contact and corruptly influence other prosecution witnesses, “states the prosecution evidence.

For example, Witness P-0397 was allegedly approached by Mr. Gicheru and others whose identities were edited but who are believed to be the intermediaries who previously worked with the prosecutor. The mediators reportedly delivered P-0397 to Mr. Gicheru’s office where bribe negotiations were taking place. The bribe would be returned to pursue P-0397, however, as prosecutor’s evidence says he complained that “the money he received appeared to have caused his problems”.

< As with witness P-0397, the other seven were also approached by people they knew and in some cases introduced them to the ICC. Other witnesses who allegedly have been corruptly influenced are P-0341, P-0516, P-0495, P-274, P-0613, P-800, and P-0536. In some cases these intermediaries followed the witnesses on their radar to third countries in order to convince them to return to Kenya and stop working with the ICC prosecutor.

According to Ms. Bensouda, the ICC was established initially welcomed in Kenya, but that support disappeared as soon as the identity of the first Ocampo Six was revealed.

“Influential politicians, Kenyan media and social media campaigns have shared public and political opinion against this Court and its perceived supporters in Kenya, “says Ms. Bensouda.

Prosecutors say that the mood against the ICC in the Rift Valley, the home region of Dr. Ruto and the political base where people working with the ICC were viewed as traitors was strong. The crimes Mr. Gicheru is charged with “were part of the larger pattern of witness interference. . and contributed significantly to the overturning of the indictment, leading to a grossly wrong decision by the judiciary and a failure of the judiciary for the PEV victims. “

Prosecutor’s evidence also indicates that there were threats and intimidation from the witness. For example, witness P-0516 told investigators that he and P-0397 had accepted the bribes offered for fear that “these people might come after us.”

Mr. Gicheru became more corrupt on eight cases Influence accused of prosecution witnesses.

[email protected]