Photo: CIO Kenya International Criminal Court prosecutor Fatou Bensouda has officially appealed the decision by the ICC's Trial Chamber V (a), to allow Deputy President William Ruto from attending all the hearings of his trial at the court.
Bensouda in her appeal stated that the Majority decision reached by the three-judge bench to allow Ruto not to attend all the sessions of the hearings except the opening hearing, opening statements by all parties, witness submissions, closing statements and delivery of the ruling as well as any other sessions as determined by the judges, was in contravention of Article 63 (1) of the Rome Statute.
She faulted the Majority's application of Article 64 (6) (f) referred to as "general rule" which allows the judges discretion to discard some requirements of the Statue.
"Whatever discretion a Trial Chamber may have, it does not permit it to discard controlling statutory requirement, or to substitute its own policy preferences for those of the State Parties," Bensouda said. She added that the Statute only allows such excusal to be granted at the confirmation of charges state and not at the trial stage.
The Trial Chamber V(a) judges granted Ruto the excusal to allow him to strike a balance between performing his state duties as Deputy President and attending trial which starts on September 10.
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