The International Criminal Court (ICC) has again allowed prosecutors to transfer part of the evidence extracted from the vacated case facing Deputy President William Ruto and use it against lawyer Paul Gicheru.
Judge Miatta Maria Samba also directed the prosecution to inform the defence on the nature of the protective measures concerning witnesses mentioned in the case against Dr Ruto and Mr Joshua arap Sang.
The evidence will be transferred to Mr Gicheru’s case with confidentiality and redaction of some details to conceal the identities of witnesses.
It is the fifth batch of evidence to be transferred from the Ruto and Sang file to Mr Gicheru’s, as the prosecution continues to beef up its case against the lawyer ahead of the hearing early next year.
The defence did not oppose the prosecution’s request, which was filed as urgent.
“The urgency invoked with the chamber seems to stem from the fact that the prosecution did not include the current records in its previous request, despite it being foreseeable,” the judge said.
Tampering with witnesses
“While the chamber does not consider that prejudice to the defence has occurred, it reminds the prosecution to display the appropriate and necessary standard of diligence when making its submissions.”
Mr Gicheru is accused of tampering with witnesses in the case facing Dr Ruto and Mr Sang.
The prosecution says he offered Sh20.4 million as bribes to eight witnesses.
Evidence collection by the prosecution against him comprises more than 43,524 items totalling at least 221,110 pages.
The offences against the administration of justice (article 70(1)(c) of the Rome Statute) were committed in Kenya between April 2013 and the closure of the Ruto and Sang case on September 10, 2015, prosecutors say.
The prosecution intends to call 13 witnesses.
Six witnesses will inform the court how they were “corruptly influenced” by Mr Gicheru and his associates to recant their evidence against Dr Ruto and Mr Sang.
The witnesses are code-named P-0800, P-0536, P-0613, P-0341, P-0274 and P-0516.
Post-election violence
Other witnesses are three prosecution investigators, an analyst and three experts.
Four of the witnesses previously testified in the Ruto and Sang case and in-court protective measures will apply during their appearance.
The prosecution will also introduce the prior recorded testimony and associated evidence of certain witnesses who are said to have been the subjects of interference.
Mr Gicheru surrendered to the Dutch authorities in November last year following an arrest warrant issued by The Hague-based court over allegations of witness interference.
If found guilty upon the conclusion of his trial, the case could provide fresh links between Dr Ruto and the 2007/08 post-election violence that led to more than 1,000 deaths, many injuries, destruction of property and the displacement of hundreds of thousands of people.
Mr Gicheru faces a maximum of five years in prison, a fine or both if found guilty.
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