ICC Prosecutor Fatou Bensouda Says Ruto's Case Still Active

International Criminal Court (ICC) Chief Prosecutor Fatou Bensouda has refused to rule out possibilities of reviving the cases against Deputy President William Ruto and radio journalist Joshua Arap Sang.

Bensouda told Daily Nation that her office is ready to receive new information on the cases from the Kenya government or any individual. 

While the cases facing the two were terminated in 2016 due to lack of sufficient evidence, Bensouda insisted the cases are still alive as they were only vacated and not thrown out entirely.

“As you are aware, on April 5, 2016, Trial Chamber V (A) vacated the charges against William Samoei Ruto and Joshua Arap Sang, without prejudice to the Prosecution bringing a new case in the future, or in a different form, in light of new evidence,” she said.

“As a general matter, in accordance with Art. 15 of the Rome Statute – the founding treaty of the ICC – any individual or group from anywhere in the world may send information on alleged crimes to the ICC Prosecutor, who is duty-bound to protect the confidentiality of the information received. The office analyses any such materials submitted, as appropriate, in accordance with the Rome Statute and with full independence and impartiality.”

Directorate of Criminal Investigations (DCI) head George Kinoti had last week revealed plans to reopen the 2007/2008 post-election violence cases.

Kinoti retracted his statement a day later after his announcement triggered angry reactions from a section of leaders and members of the public.

President Kenyatta and DP Ruto are among the leaders who protested the DCI’s plan to revive the cases.

Kenyatta said: “Those trying to open up the graves must be warned. What they are doing is not a joke.”

Ruto wrote: “The provocative incitement to ethnic hate/division intended by the resurrection of PEV is an evil attempt to resuscitate the tribe project destroyed by the hustler movements’ realization that poverty and unemployment deliberately bred by poor leadership is our problem, not our tribes.”