HAGUE

ICC summons witness in DP Ruto case to testify in lawyer Paul Gicheru's trial

The case is set to begin on February 15 where the accused will stand trial over witness tampering.

In Summary

•Gicheru is faced with six counts of witness tampering in the case against Deputy President William Ruto and Radio Journalist Arap Sang.

•The ICC prosecutor has reported challenges with pulling to the dock, witnesses identified as P-0604, P-0495, P-0743, and another that they are yet to reveal identity.

Paul Gicheru at the ICC hearing on November 6, 2020.
Paul Gicheru at the ICC hearing on November 6, 2020.
Image: Screen Grab

The International Criminal Court has summoned a witness who testified against Deputy President William Ruto and former journalist Joshua Sang at the Hague.

Deputy Prosecutor James Stewart said the witness will testify for the prosecution in the case against lawyer Paul Gicheru.

Gicheru's case is set to begin on February 15, where the accused will stand trial over witness tampering.

“Despite the prosecution's use of all reasonable efforts at its disposal to locate or contact P-0723 to secure his voluntary attendance at the trial, he remained unreachable,” Stewart told the court.

Stewart said the witness confirmed readiness to testify but cut all the communication.

In a statement dated February 7, Judge Miatta Maria Samba ordered the appearance of the Witness for the purposes of testimony via video link at the dates, time and place the Prosecution will choose.

“Requests the assistance of the country of residence, where necessary in consultation with the court in ensuring the appearance of the witness,” she said.

She instructed that the witness should be informed of the obligation to appear. 

Judge Miatta also instructed the registry to make appropriate arrangements for the security of the witness, in consultation with the Victims and Witnesses Unit.

She further instructed the Registry to transmit this decision to the country of residence as well as the necessary cooperation request to the relevant authorities of the country of residence.

Even as Gicheru’s five-day trial is set to start, at least four key witnesses have pulled out the last minute.

The prosecution has secured orders to compel at least one witness to appear before the court and testify.

Prosecutors have again notified the court of their intention to request for the summons to have a second witness compelled to testify. 

Gicheru is faced with six counts of witness tampering in the case against DP Ruto and Radio Journalist Arap Sang.

The ICC prosecutor has reported challenges with pulling to the dock, witnesses identified as P-0604, P-0495, P-0743, and another that they are yet to reveal identity.

The court was told that Witness P-0604 refused to appear for a meeting with the ICC prosecutors and refused to provide documents supporting bribery claims.

Prosecutors were kept waiting at the agreed location during a past scheduled meeting and the witness has not responded to emails from the court.

Witness P-0495, who was to testify on Ruto’s alleged involvement in the post-election skirmishes, also refused to testify against Gicheru.

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