ICC Prosecutor Fatou Bensouda now says that she has enough evidence to jail Deputy President William Ruto and radio presenter Joshua Arap Sang.

Bensouda has told ICC judges that the evidence against Ruto and Sang so far shows the two were responsible for crimes against humanity and the 2008 post election violence. She said this in a 140 page response to the no-case-to-answer motion that was filed by their lawyers where they argued she did not have evidence against them
“The Prosecution submits that the evidence presented, taken at its highest, is sufficient to satisfy a reasonable Trial Chamber that the Prosecution has proved all of the essential elements required to secure a conviction of both Accused. Accordingly, the Defence Motions should be dismissed,” Said Fatou Bensouda.
The prosecutor said that William Ruto and Joshua Arap Sang, agreed to and had a common plan between themselves and other members of their community to forcibly remove members of the Kikuyu, Kamba and Kisii tribes from the Rift Valley.
“Ruto controlled the organisation -the Network, which was an organised and hierarchical apparatus of power; there was almost automatic compliance with Ruto’s instructions,” Bensouda said.
“The disintegration of the OTP’s case cannot be blamed on extraneous factors, but derives directly from the serious deficiencies in the OTP’s investigations from the outset, including the flawed decision to rely on witnesses sourced by the Waki Commission and the subsequent failure to properly investigate these witnesses’ original accounts,” Ruto told the judges.
The DP said Bensouda had failed to link him to businessman Jackson Kibor and former Mount Elgon MP Fred Kapondi, who are alleged to have worked under him.
“Ruto’s Network included Sang, Kibor, Kapondi, Farouk Kibet, Christopher Kitino Kisorio, John K. Tanui, Mark Too, Isaac Maiyo, Samuel Ruto, Solomon Tirop and Lucas Sang. All of these were prominent Kalenjin individuals who held influential positions within the Kalenjin community and most were closely connected to Mr Ruto – even prior to the PEV,” Said Bensouda in her submission
She added that the existence of the “Network” and the common plan is demonstrated by a series of general preparatory meetings held at an undisclosed location.
Bensouda also said that Kalenjin youths were trained and crude weapons and firearms were obtained for the purpose of the post-election violence.
Bensouda says that through his Lene Emet show, Sang broadcast propaganda against PNU supporters, preparatory meetings and event locations of the organisation.
“In all, the evidence reveals that the attacks in the charged incidents were not the product of spontaneous actions, but rather the end result of a concerted, organised attack by thousands of Kalenjin youth directed and assisted by the Network,” Bensouda said.
VIA THE STAR