The International Criminal Court – ICC has quashed an application by Eldoret North MP William Ruto that sought to block prosecutor Luis Moreno-Ocampo from summoning him.
The ICC rejected the appeal due to what the Hague based court says was lack of a locus standi.
The matter was heard in an ex parte application at the Pre-Trial Chamber II before Judges Ekaterina Trendafilova, Hans-Peter Kaul and Cuno Tarfusser.
Presiding Judge Kaul said article 58 of the Court’s statutory provisions do not provide the person(s) named in the Prosecutor’s application with any procedural means to challenge the relevance and/or the probative value of the evidence and information submitted by the Prosecutor pursuant to article 58 of the Statute or the intrinsic quality of his investigation.
The court also noted that under rule 103 of the court’s rules and regulations Ruto had submitted three requests
That no summons or warrants of arrest shall be issued against him by the Prosecutor before being heard
That he be granted leave and be heard before the Prosecutor Louis Moreno-Ocampo issues summons and warrants of arrest.
That the Prosecutor be restrained from seeking any orders for summons or warrants before being given notice informing him that he is a suspect.
Ruto who was represented by lawyer Joseph Kipchumba Kigen-Katwa also sought to be accorded an opportunity to be heard on concise facts constituting a crime contemplated by Article 58(2) and that burden of proof be placed on the Prosecutor as an officer of the ICC.
The Pre-Trial Chamber II decided that the application was initiated and developed on the basis of rule 103, which allows that the Chamber may, if it considers it desirable for the proper determination of the case, invite or grant leave to a person to submit, in writing or orally, any observation on any issue that the Chamber deems appropriate.
Ruto is among six suspects named by the ICC prosecutor as having played a role in the 2008 post election violence.
The Chamber further pointed out, that although the language used in rule 103(1) of the Rules excludes a certain category of persons from the possibility of doing so, Ruto could not be granted leave to submit observations.
The judges further ruled that the Court’s statutory provisions do not empower the Chamber to prevent the Prosecutor from submitting requests under article 58 of the Statute hence quashing a request by Ruto not to be summoned before the ICC.
It was further noted that there was no legal basis for a person under the Prosecutor’s investigation to submit observations at the current stage of proceedings.
And even as matters boiled over, civil societies, the National Civil Society Congress and Jukwaa la Katiba Platform have asked the government to stop misusing tax payers money in their bid to wrestle Kenya from the Rome Statute.
And in a statement the International Center for Policy and Conflict lauded the court’s move saying it was a clear indication that the ICC cannot be intimidated or manipulated.
“The ICC follows due process and once summoned the named 6 suspects will have a chance to challenge the evidence and witnesses presented by the Prosecution. Any intervention at this stage is unwarranted as the Prosecutor is only needed to satisfy a fairly low criteria of “reasonable grounds,”organuisation said.
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