When Kenyan lawyer wanted by the International Criminal Court for witness tampering mr. Paul Gicheru surrendered to the ICC, many local dailies started writing screaming headlines of how Deputy President William Ruto is in trouble.
Paul Gicheru is the urrent chairman of the Export Processing Zone Authority, was slapped with an international arrest warrant in 2015 for alleged witness interference in the Ruto case.
William Ruto case was heard and dismissed mid-way. Ruto case will have to start a fresh – like it never existed – if you have new evidence – right from pre-trial. Uhuru case was never heard and determined. It was suspended mid-air. It easy to restart. If you have new evidence.
For the record, DP Ruto case did not fail for lack of government cooperation. Uhuru case failed for lack of government cooperation. Kibaki and his government provided all the evidence against William – NIS reports – name them. It was all fake of course. But Uhuru was protected – and government refused to co-operate.
Ruto case only collapsed when those witnesses at ICC protection realized they could not testify on oath – and stop cooperating – and they were in Europe already. They were economic refugees.
In any case Bensauda cannot go for Kenya cases again unless she has the smoking gun.
I have seen some people arguing about case terminated (Uhuru) versus (Ruto) case dismissed.
So William Ruto basically had no case to answer. Prosecutor basically lost the case without the defendant having to defend themselves. They lost on their own half of the field. Ocampo was that incompetent. So even if you go with evidence you have to start basically from the scratch.
Uhuru was never charged. There was no evidence basically to charge. Ocampo lost before the whistle was blown. He asked the court to terminate proceedings until evidence become available. It easier to restart President Uhuru case than Deputy President Ruto.
A judgment on Ruto case was deliverd – NOT guilty. Uhuru case did not proceed to full hearing.
For you to charge William Ruto again at the ICC, it will require those witneses ‘intimidated’ or ‘bribed’ to comeback and be willing testify – so Bensauda can re-build a case a fresh. William Ruto has no pending business in ICC. His case was heard and No guilty (no need to defend) yourself verdict returned. It was that horrible.
For Paul Gicheru, this is a very short trial. If Bensauda doesn’t have evidence as always – it will be swift – Administration of Justice offences – will be heard by one judge and can be dispensed in max 3 months. So for Paul Gicheru – it doesn’t make sense to be a fugitive for such ‘small’ offence – and pretty much live in the shadows. It’s NOT like he is being charged for crimes against humanity or genocide.