Nairobi — The defence teams of Deputy President William Ruto and journalist Joshua arap Sang on Friday explained to the International Criminal Court (ICC) judges why they should not admit evidence from the Waki Commission that investigated the 2008 Post Election Violence in Kenya.
On cross examination of the 21st witness, Ruto's lawyer Karim Khan alleged that the Commission Investigating Post Election Violence had limited time to scrutinise witness statements and also substantiate the standard of prove required.
"You accepted that the evidence that the commission has gathered so far, is not in our assessment sufficient to meet the threshold of proof required in criminal matters in this country that is beyond reasonable doubt. It may even fall short of proof required for international crimes against humanity, do you remember that," he asked Gavin Alistair McFadyen, a former member of the Waki commission.
The witness admitted but said he could not comment further on the explanation requested by Khan.
Khan further accused the commission of turning down Ruto when he asked for audience for an opportunity to explain himself.
The lawyer also picked a bone with the commission asking why it refused to hand over the 'infamous' secret envelope that contained eight names to the appointing authority - former President Mwai Kibaki.
The witness however explained that the decision was that the envelope would be handed over to the Serena team that negotiated the formation of a shared government between Kibaki and former Prime Minister Raila Odinga.
The team was supposed to hand the envelope to a special tribunal that was supposed to be established but after Kenya failed to do so the envelope was handed over to the ICC.
According to McFadyen, Ruto's name was among the eight but he said he did not recall seeing Sang's name there.
Earlier, the witness told the court that former Information and Communication Permanent Secretary Bitange Ndemo gave evidence to the Waki commission and also provided broadcast transcripts which were admitted as evidence.
McFadyen who is listed as the 21st and last witness in the trial has further told the court that based on the findings of the commission, the 2008 post election violence was well planned.
The trial adjourned on Friday and the judges are expected to guide the parties on when it will resume after the court recess that begins on July 16.
If the Appeals Chamber fails to approve nine other witnesses to testify, the prosecution will close its case paving way for the defence to start their case if they will not file a motion of 'no case to answer'.