The Ruto Defence supported the Government position in arguing that Kenya has in fact been fulfilling its Rome Statute obligations. They argue that the Prosecutor simply failed to investigate adequately and was ‘duped’ by key witnesses. The Ruto Defence also took issue with the Prosecutor for claiming that the Kenya cases were the ‘most’ difficult she had prosecuted- they point to the Darfur cases under the Sudan situation as being more difficult, especially since cooperation with the ICC is an offence under Sudanese law.
The Defence also accuses the Prosecutor of using slander and insinuation about witness intimidation and interference without presenting evidence to back her accusations.
The Sang defence also support the GoK submissions on cooperation, arguing that the Prosecutor is conducting a public relations campaign while at the same time smearing the image of the Kenyan Government through her allegations of non-cooperation.