By Joab Apollo
The International Criminals Court (ICC) case in which two top Kenyan leaders, President Uhuru Kenyatta and his deputy William Ruto were accused of plotting the infamous 2007/08 post-election pogrom may have collapsed, but it still haunts the East African country.
On 24th August, 2021, the Trial Chamber Three of the court allowed evidence in the Deputy President William Ruto’s case to be used against Lawyer Paul Gicheru, a man charged with witness tampering and interference in the case that involved Ruto and Joshua Arap Sang’, a former radio journalist with KASS FM International.
Gicheru surrendered himself to the Hague-based court in November, 2020, after a warrant of arrest was issued against him, and on July 14th, 2021, the ICC confirmed the charges against him.
According to the ICC prosecutors, Gicheru intimidated, threatened and bribed witnesses in the Ruto-Sang case. He has also been charged with contacting witnesses to have them recant evidence or refuse to cooperate with the court in order to undermine the case.
He had appealed against the charges, but the Chamber under presiding Judge Maria Sambaru ruled that evidences in the Ruto-Sang case must be used in this case.
“The Chamber hereby orders the registry to transfer the transcript and related material, as listed in Part | and || of filling ICC- 01/20-151-Conf-AnxA into the record of this case. The prosecutor to inform the defense pursuant to regulation 42 (2) of the regulations of the court of the nature of the protective measures concerning witnesses.” The Chamber directed.
The case against Ruto and Sang collapsed in 2016. However, then ICC Prosecutor Fatou Bensouda blamed witness interference and tampering and assured their future re-opening. They were charged with crimes against humanity, rape and forcible transfer of people in the 2007 post-election violence.
The violence left over 2000 people dead and property worth millions destroyed. The election had pitted former President Mwai Kibaki against former Prime Minister Raila Odinga. Odinga’s faction, of which Ruto was a die-hard member, accused Kibaki of massively rigging the election.