International Criminal Court Prosecutor Fatou Bensouda has publicly revealed an important document PNU supplied to the ICC, and which has not been contested by any witness, depicts the ‘Network’ which the prosecution has maintained existed during the 2007/08 post-election violence.
This is the first time -publicly – that PNU is mentioned to having authored a document and supplied it to the ICC to indict DP Ruto, then a staunch ODM stalwart.
The ICC prosecutor wants the document to be admitted as evidence.
According to the prosecutor, the document, which was signed and circulated in the wake of the post-election violence on January 7, 2008, identifies Mr Ruto to be acting with others, referred to as the Network, in committing crimes against humanity.
In an application submitted to the court, Ms Bensouda said the confidential document labelled as “Item 5”, could not be authenticated by any prosecution witness, hence her request to have it submitted directly into evidence.
â€œItem 5 is relevant to acts of violence committed in the relevant region during the course of the PEV and, in particular, to the criminal responsibility of Mr Ruto and of the existence and organised character of the Network,â€ she states.Â She adds that its authenticity has not been challenged by the defence.
Ms Bensouda further contends that it was prepared officially as a situation report by the unnamed source and it bears official headers.
A number of PNU operatives who also served in the Jubilee government have often come under attack from Mr Rutoâ€™s supporters for “fixing” him at the ICC.
The heavily redacted statement shows that Mr Rutoâ€™s defence had objected to Ms Bensoudaâ€™s request to use the document as evidence.
The defence argued that the signatory to the document was an unreliable source, further claiming that it relates to events that occurred outside the scope of charges facing the accused.
Mr Ruto is jointly accused with radio journalist Joshua arap Sang for alleged involvement in crimes against humanity that occurred in the Rift Valley region during chaos that followed the controversial 2007 general elections after PNUâ€™s Mwai Kibaki was declared president, triggering an outcry by his rival Raila Odingaâ€™s camp.