By Wahome T
I wont say whether Rule 68 should or not be used in the Ruto case. But what I know is that the decision belongs to the court interpreting the Rome Statute. The same as regards determining how witnesses were procured and investigations conducted.
Its for defence teams to take it up in trial chamber. If the ASP rules otherwise, then I will say we do away with the ICC and leave the members of ASP as the judges.
MY TAKE: The Kenyan delegates to the ASP will only debate among themselves the controversial Rule 68 and Ruto case. Just like they have been discussing it here in Kenya and just yapping about it. Just like travelling to Brazil to watch World Cup on TV.
But if the ASP decides to go against the ICC directive and give the matter serious consideration, the members will rule that Jubilee and co. should wait for the decision of the Appeals Chamber. The Rome Statute is very clear that a dispute in the interpretation of the rules should first be decided by the court before it goes to ASP.
The ASP must therefore wait for the entire judicial process to end before dealing with the matter politically. Dont make a song out of it if I’m proved wrong on this, I never mind being wrong before I post anything here.