Africa Focus: ICC dismisses case against Kenya's deputy president

The International Criminal Court (ICC) on Tuesday terminated case against Kenya's Deputy President William Ruto and journalist Joshua arap Sang, saying the prosecution did not produce tangible evidence.

A statement from the court received in Nairobi said the ICC Trial Chamber decided, by majority with one judge dissenting, that the case against Ruto and Sang is to be terminated.

"The Chamber find that there is 'no case to answer', dismiss the charges against both accused and enter a judgment of acquittal," the statement said.

Ruto has been charged with crimes against humanity together with Sang for helping orchestrate a wave of deadly violence following the 2007 presidential poll.

They both face charges of murder, deportation and persecution which Ruto have denied.

However, Tuesday's ruling does not preclude new prosecution in the future either at the ICC or in a national jurisdiction.

The majority of the judges also agreed that there is no reason to re-characterize the charges.

"On the basis of the evidence and arguments submitted to the Chamber, Presiding Judge Chile Eboe-Osuji and Judge Robert Fremr, as the majority, agreed that the charges are to be vacated and the accused are to be discharged," the statement said.

However, Judge Eboe-Osuji declared a mistrial in the case, saying it cannot be discounted that the weaknesses in the case might be explained by the demonstrated incidence of tainting of the trial process by ways of witness interference and political meddling that were reasonably likely to intimidate witnesses.

Judge Olga Herrera Carbuccia who dissented said the charges against both accused should not be vacated as such an outcome departs from the legal standards established in the Trial Chamber's Decision of June 3 2014.

The judge concluded that there is sufficient evidence upon which, if accepted, a reasonable Trial Chamber could convict the accused. Enditem