Cooked Evidence and the Sequence of Witnesses

The Ruto defence asked the Trial Chamber to compel the Prosecutor to call P-0015, P-0016, P-0019, P-0024, P-0025, P-0028, P-0032, and P-0336 as its first 8 witnesses. The defence believes that these witnesses fabricated their account; calling them to testify in close order is an attempt to deny them time to collude in their testimony and to prevent them amending their testimony based on what they hear from other witnesses. It will also enable the Ruto defence- if the alleged conspiracy of lies is successfully exposed- to claim that the proceedings are an abuse of process. The team could then make an application to terminate proceedings at the earliest possible moment, rather than having to wait until the Prosecutor finishes her case.

            In addition, the defence wanted the Prosecutor’s lead investigator called as the ninth witness to answer to the allegation that the OTP investigations into Ruto’s alleged crimes were inept and deficient. The defence further believes that a number of Kenyan and international organizations were involved in the 8 witnesses’ scheme to ‘contaminate’ the OTP’s evidence.

            Finally, the defence indicated in its application that it may later request additional measures, such as having the 8 witnesses above segregated to prevent them discussing their testimony with each other.

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Following the Hague trials of 4 Kenyans to the end. A blog by Archie Nyarango

UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

AfricLaw

Advancing the rule and role of law in Africa

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