Plot thickened for Deputy President William Ruto as ICC Chief Prosecutor Fatou Bensouda got the go ahead to use various reports of the 1992 ethnic clashes to prove Deputy President William Ruto’s “criminal intent”.
The Trial Chamber V(A) judges yesterday admitted the Kiliku and Akiwumi reports among other documents as evidence against Ruto and former journalist Joshua Sang.
The judges said the Kiliku report is relevant as it shows a similar pattern to the alleged organisation of the post election violence. “Further, the prosecution intends to demonstrate the mens rea (criminal intent) of Mr Ruto and Mr Sang with this report,” the judges said.
The judges added that Bensouda also intends to use the 1999 “Report of the Judicial Commission Appointed to Inquire into Tribal Clashes in Kenya” for the same purpose.
Both the Akiwumi and Kiliku reports recommended the prosecution or further criminal investigations on any persons or persons who may have committed offences related to such tribal clashes.
The judges however refused to admit reports by the Kenya National Commission on Human Rights, the International Crisis Group and the Human Rights Watch on the 2007 post-election violence. The two reports formed a large piece of the arguments used by the prosecution when seeking confirmation of the charges.
In their ruling yesterday, the judges said that the reports do not reveal the identity of persons interviewed and findings emanate from other sources such as newspapers.
The judges also refused to admit a report by the OHCHR fact-finding mission to Kenya between February 6 and 28, 2008. “The probative value of the document is limited by reason of lack of clarity on how the information was collected, the hearsay nature of much of the content and anonymity of the sources of information,” the judges said.
The documents, admitted yesterday include intelligence reports, police records, hospital records, maps and transcripts from the Waki commission.
Eight of the documents include reports on the 2007 elections and the violence, and a report on the 1992 ethnic clashes authored by government and non-governmental organisations.
Additional reporting by the Star Newspaper