Dec 9, 2021

Mawazo Writing Africa

Writing about the main

ICC now implicates DP Ruto in scheme to interfere with witnesses

The most recent pleading, signed by Assistant Attorney James Stewart and tabled on November 22, reads, “The evidence shows that the pattern of witness interference was carried out in favor of and in coordination with William Samoei Ruto.”

It is the first time the DP is directly named as the coordinator of the plan that corrupted his case. Previously, Dr. Ruto’s name blacked out, and unlike the other accomplices – Mr Gicheru, Mr Walter Barasa and Mr Philip Bett – the prosecution never charged him.

The appointment of Dr. Ruto will put him in a difficult position while he is running for President of Kenya.

The information turns a new battle between. open him and the International Criminal Court (ICC) if it proves his case.

Dr. Ruto also risks being charged with corruptly influencing a witness under Article 70 (1) c, which could earn him five years for each counting and redress payments to victims of the 2007/8 election.

In the most recent ICC j due to case law, such a case does not require the prosecutor to demonstrate the actual impact on the witness as it is categorized as a conduct offense, which is broadly interpreted to mean actual bribery, pressure, intimidation and threats encompassed by witnesses.

While the Gicheru case involves the judiciary, the prosecutor, in the new filings and forwarding the evidence that the ICC will rely on after the trial opens, says its “evidence is substantiating.” that the attorney and related persons have made a concerted effort to establish identity “, to locate and contact witnesses for the prosecution eren (to) revoke their evidence. “

Dr. Ruto and President Uhuru Kenyatta were charged with crimes against humanity following the violence that rocked the country after the 2007 general election.

Read: We cannot be in The Hague together: Uhuru

< p> No Immunity for Uhuru Presidential Candidate, Says Ruto Bensouda

While Mr Kenyatta’s case collapsed “due to insufficient evidence” that the DP was terminated for “witness and political interference”, with the warning that he could be charged again.

Corruption of witnesses

At that point, the court said there was no evidence for Dr. Ruto’s personal involvement in the corruption of witnesses.

Now the ICC claims to have the evidence, which puts the DP in a bind.

In the background of the case, the prosecutor says, that the sentiment against the ICC was particularly fierce in the Rift Valley and that people who cooperated with the court, particularly suspected prosecution witnesses, were widely viewed as traitors.

During this time, the prosecutor called for the ICC to be enacted Arrest warrants against Mr Barasa, Mr Gicheru and Mr Bett, accused of concerted attempts to identify, contact and corrupt witnesses through bribery and intimidation.

The new papers state samples of the Interfering saw several witnesses retract their testimony.

It is c The papers alleged that Mr Gicheru informed two witnesses – P-0397 and P-0800 – that he was a close friend of the DP and they together at the Kapsa bet high school.

This was confirmed by a school alumni magazine in which Mr. Gicheru and Dr. Ruto were in the 1986 class, “the year Gicheru turned 14”. and Mr. Isaac Maiyo, chairman of Eldoret North’s Constituencies Development Fund, as manager, while mediators are Mr. Meshack Yebei, Mr. Bett, and Mr. Barasa, a journalist.

Mr. Yebei, a human rights activist, became a Kidnapped from his home on December 23, 2015 and found his body days later in Tsavo National Park.

Dr. Ruto’s lawyers said Yebei should be a witness for the defense.

Post-election violence

The court records allege that Mr. Simatwo and Mr. Maiyo made significant contributions to the criminal offenses by working with Mr. Gicheru to work with Dr. Vote Ruto on influencing witnesses.

At one point, a witness named P-0800 was told that he could receive Shri 1 million as a bribe.

The edited witness “informs” P-0800 that the funds to pay him / her and other witnesses came from Ruto “and that he worked for Mr. Gicheru to find witnesses in Kenya and other countries, the papers add.

< p> Mr Gicheru later offered P-0800 Sh1.5 million to Sh2 million to withdraw as a witness.

The court records state that the lawyer told the witness that he was protecting Ruto because she was are good friends and that they went to the same school.

When ICC prosecutor Fatou Bensouda opened her case, the court records indicate that she thought that P-0495 would provide the most important evidence that Ruto and his criminal network with the violent crimes after the elections in Turbo. in connection.

She later found out that her key witness wanted to retire. The witness was reportedly paid between $ 1.5 million and $ 2 million and made it easier to contact other witnesses.

Read: Bensouda Cites Troubles With Ruto Witnesses

Mr. Gicheru allegedly intimidated Witness P-0341 between May 9 and July 19, 2013 and asked him to write a handwritten affidavit.

“He said Ruto requested this second document. Mr. Gicheru instructed P-0341 to write that he had no evidence against Ruto and that he was withdrawing from the ICC proceedings, ”the papers read.

Pay witnesses

P-0341 is said to have complied because he was afraid for his family if he refused.

“A few days later, Gicheru informed P-0341 that Ruto was delighted when he received the affidavit Statement received, and instructed Gicheru to give P-0341 more money, “the court records say.

He is said to have received 100,000 Shillings and the witness deposited 50,000 Shillings into a bank account of the cooperative .

But there was a near breakdown as the witness met “some white people”.

In a series of meetings, this witness received about 2 million shutters, some of which deposited into the accounts of the Co-op Bank.

Mr. Gicheru reportedly noticed before P-0274 that “they” preferred to pay witnesses to stop helping the ICC said they had to reach everyone involved in the case, and the Mkubwa (tall man) P-0274 understood as Ruto “didn’t leave no stone unturned”. Prosecutors say Mr. Gicheru is as direct perpetrator or accomplice criminally responsible.

Mr. Gicheru tried to hide his traces by refusing to put agreements with the corrupted witnesses in writing; Pay witnesses in cash to avoid bank records; Among other things, instructing them to refrain from cashing their accounts and making payments through third parties, according to prosecutors, inducing witnesses to sign affidavits recording their decision to withdraw as prosecution witnesses and / or material aspects of their previous evidence to revoke and / or make false claims that might lead the case against Dr. Ruto and Mr Sang undermined.

As the case enters its main phase, it is also being watched by observers as it begins at a time of political transition in Kenya.

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