By Oliver Mathenge
ICC Prosecutor Fatou Bensouda has said she has enough evidence to convict Deputy President William Ruto and journalist Joshua Sang.
In her response to their no-case-to-answer motion, Bensouda told the ICC judges that the evidence submitted so far shows the two were responsible for the 2008 post-election violence.
â€œThe Prosecution submits that the evidence presented, taken at its highest, is sufficient to satisfy a reasonable Trial Chamber that the Prosecution has proved all of the essential elements required to secure a conviction of both Accused. Accordingly, the Defence Motions should be dismissed,â€ Bensouda said.
Bensouda argues that Ruto and Sang, using their network, agreed to and had a common plan between themselves and others to evict members of the Kikuyu, Kisii and Kamba communities in particular, because they were perceived to be PNU supporters.
â€œRuto controlled the organisation [the Network]; the Network was an organised and hierarchical apparatus of power; there was almost automatic compliance with Rutoâ€™s instructions,â€ Bensouda said.
Bensouda submitted a140-page response to Ruto and Sang’s no-case-to-answer motions where they argued she did not have evidence against them.
The two said the witnesses used to confirm their charges never took the stand, leaving the prosecution with a â€œcase built almost entirely on hearsayâ€.
Ruto specifically argued that there was no evidence that he bankrolled the violence and accused the ICC of failing to thoroughly investigate the Kenyan cases.
â€œThe disintegration of the OTPâ€™s case cannot be blamed on extraneous factors, but derives directly from the serious deficiencies in the OTPâ€™s investigations from the outset, including the flawed decision to rely on witnesses sourced by the Waki Commission and the subsequent failure to properly investigate these witnessesâ€™ original accounts,â€ Ruto told the judges.
The DP said Bensouda had failed to link him to businessman Jackson Kibor and former Mount Elgon MP Fred Kapondi, who are alleged to have worked under him.
But in her submission, Bensouda said that Ruto’s Network included Sang, Kibor, Kapondi, Farouk Kibet, Christopher Kitino Kisorio, John K. Tanui, Mark Too, Isaac Maiyo, Samuel Ruto, Solomon Tirop and Lucas Sang.
â€œAll of these were prominent Kalenjin individuals who held influential positions within the Kalenjin community and most were closely connected to Mr Ruto – even prior to the PEV,â€ Bensouda said.
She added that the existence of the Network and the common plan is demonstrated by a series of general preparatory meetings held at an undisclosed location.
She also argues that there was the training of Kalenjin youth and obtaining of firearms for the purpose of the post-election violence.
Bensouda says that through his Lene Emet show, Sang broadcast propaganda against PNU supporters, preparatory meetings and event locations of the organisation.
â€œIn all, the evidence reveals that the attacks in the charged incidents were not the product of spontaneous actions, but rather the end result of a concerted, organised attack by thousands of Kalenjin youth directed and assisted by the Network,â€ Bensouda said.