The ICC Appeals Chamber will on Friday deliver its ruling on
the use of recanted witness statements in cases against DP
William Ruto and journalist Joshua Sang.
Trial judges allowed ICC Prosecutor Fatou Bensouda to use primary statements of five witnesses who recanted their evidence, under Rule 68.
But in August 2015, Ruto and Sang
while Kenya used diplomatic means to have the Assembly of States Parties restate that the rule cannot be used retroactively.
A notice on Monday by Presiding Judge Piotr Hofmanski read:
"Judgement in the above appeals will be delivered in open court February 12 at 16h30.”
Bensouda had asked Appeal judges to ignore the agreement, against use of the evidence, reached by the ASP in 2013, saying it was irrelevant to the proceedings.
If the Appeals Chamber rules in favour of Ruto and Sang, Bensouda could lose what she has termed crucial evidence that can aid a conviction.
National Assembly majority leader Aden Duale had asked the International Criminal Court not to use recanted evidence retroactively in Ruto and Sang's cases, saying this would be
.
"Our interpretation of Rule 68 has prevailed and therefore any use of recanted evidence against the two cannot and must not be acceptable at the ICC," he said.
He said the AU had noted that the ICC had decided to go ahead to use the evidence thereby going against a deal that was arrived at during the talks on Rule 68 at the 12th ASP in 2013.
The AU's Justice ministers and Attorneys General
behind Kenya in its fight against the use of recanted evidence at the ICC.
The Deputy President and Sang are facing crimes against humanity charges in relation tot he 2007/8 post-election violence that left at least 1,200 dead and 600,000 displaced.