ICC prosecutor Fatou Bensouda has launched a late bid to restore the events of December 30 and 31, 2007 in her crimes against humanity charges against Deputy President William Ruto.
Bensouda has sought leave to appeal the decision by the pretrial chamber on August 16 to lock the two days out of her case against Ruto.
The prosecutor believes the events of the two days are key in supporting the allegations of the case against Ruto as confirmed by the pretrial chamber early last year.
She says if denied, she may need to “reassess” her case theory and strategy as well as the presentation of the evidence, including the order of the witnesses. She may also require to do further investigations and apply to add new evidence and new witnesses.
On August 16, Judge Ekaterina Trendafilova, acting as single judge of pretrial chamber, refused to admit the two dates saying the bid was belated and would disadvantage Ruto and his co-accused Joshua Sang'. The judge said the belated bid “showed lack of diligence, organisation and efficiency” on the part of Bensouda.
“The Prosecution’s case is, and has always been, that Ruto and Sang' are responsible for the widespread and systematic attack against civilian PNU supporters in Turbo town, Eldoret area, Kapsabet town and Nandi Hills town from on or about December 30, 2007 until the end of January 2008,” she said in her application.
The pretrial chamber had, however, only confirmed charges with respect to those incidents which took place in the “greater Eldoret area” for the period of January 1-4, 2008.
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