ICC terminates case against Ruto, Sang

The trial chamber of the International Criminal Court (ICC) in The Hague on Tuesday terminated the case against Kenya's Deputy President William Ruto and journalist Joshua arap Sang.

The court ruled there was insufficient evidence, but did not acquit the two accused. On the basis of the evidence and arguments submitted to the chamber, presiding judge Chile Eboe-Osuji and judge Robert Fremr, as the majority, with judge Olga Herrera Carbuccia dissenting, agreed that the charges are to be vacated and the accused are to be discharged.

"Troubling incidence of witness interference and intolerable political meddling made it a mistrial," said the presiding judge.

The majority of the chamber concluded that the prosecution did not present sufficient evidence on which to convict the accused, but that a judgment of acquittal was not the right outcome.

Vacation of the charges and discharge of the accused was more adequate, the chamber found. According to the majority of the judges the decision does not preclude new prosecution in the future either at the ICC or in a national jurisdiction.

Ruto had requested to dismiss the charges and to enter a judgment of acquittal in October 2015, while journalist Joshua Arap Sang that same month had filed a no case to answer motion, claiming that there is "no case to answer."

Ruto and Sang were accused of crimes against humanity (murder, deportation or forcible transfer of population and persecution) allegedly committed in the 2007-2008 post-election violence in Kenya. Their combined trial started on September 10, 2013.

On March 13 last year the trial chamber, noting the prosecution's withdrawal of charges, has already decided to terminate the proceedings in the case against Kenya's President Uhuru Kenyatta. Enditem