Why the ICC Cases Against Kenyan Leaders May be Dismissed

The threshold for evidence at the International Criminal Court (ICC) is very high. The evidence must be impeccable and beyond reasonable doubt, without any contradiction. Evidence, especially corroborated evidence that leave no reasonable doubt is required from all witnesses. Observers think that the case against Deputy President William Ruto is hanging on a thin thread, especially after contradictions emerged among witness testimonies and accounts, and admission that some witness accounts were false and inaccurate. The testimony accounts are opening doubts and revealing weaknesses in the prosecution preparations. Eye witness accounts are increasingly being replaced by hearsay. The withdrawal of witnesses makes the likelihood of dismissal of the case on the grounds of lack of evidence more likely. Similarly, the case against President Uhuru Kenyatta may not hold given the fact that many witnesses have withdrawn from giving evidence. It is clear that the Prosecution intended to build its case on the bank records and transactions of the President, which makes this tricky for the court. The case against journalist Joshua Sang was built on innacurate translations of his broadcast transcripts, from Kalenjin to English, without taking care of the Kalenjin idioms, sayings, metaphors, and proverbs, which have no English equivalents.

There are ten grounds on which the cases against President Uhuru Kenyaatta, Deputy President William Ruto and journalist Joshua Sang may be dismissed.

For full article, write to amutabi@yahoo.com

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About African Interdisciplinary Studies Association Website

Prof. Maurice Nyamanga Amutabi is President of African Interdisciplinary Studies Association (AISA), a pioneer professional associaiton bringing together members from all disciplines in Africa and abroad. He is a former Fulbright Scholar who previously worked as Deputy Vice Chancellor at Kisii University and also Director of Research and Professor in Peace and Strategic Studies at the Catholic University of Eastern Africa (CUEA), 2010-2013. He has previously taught at Central Washington University, USA (2005-2010) in African Studies Programme and Moi University (1992-2000) in the Department of Development Studies and other public universities in Kenya. Prof. Amutabi holds a PhD from the University of Illinois at Urbana-Champaign, USA in History and African Studies. He received his B.A (Hons) in 1989 in Political Science and History and M.A in 1991 from the University of Nairobi, Kenya. Maurice Amutabi is co-editor of Regime Change and Succession Politics in Africa: Five Decades of Misrule (with Shadrack Wanjala Nasong’o) – in 2013. Amutabi also co-edited Africa after Fifty Years: Retrospections and Reflections (with Toyin Falola and Sylvester Gundona) in 2012. Amutabi is the author of The NGO Factor in Africa: The Case of Arrested Development in Kenya (New York: Routledge, 2006). Amutabi is co-author of Nationalism and Democracy for People-Centered Development in Africa (Moi University Press, 2000). He has also co-authored Foundations of Adult Education in Africa (Cape Town/Hamburg: Pearson/UNESCO, 2005). He has written two novels, Because of Honor (a novel on Islam in Africa) and These Good People (a novel on corruption in Africa). Amutabi is also the author of Nakhamuma Stories (a collection of short stories from the Abaluyia community of western Kenya). His chapters have appeared in over thirty books. His articles have appeared in several refereed and reputable journals such as African Studies Review, African Contemporary Cultural Studies, Canadian Journal of African Studies, International Journal of Educational Development; and Jenda: A Journal of Culture and African Women Studies. Amutabi has made presentations at over one hundred national and international conferences. Amutabi is the Vice-President of the Kenya Studies and Scholars’ Association (KESSA), Kenya’s premier research and academic organization. He is the editor-in-chief of Kenya Studies Review and Eastern Africa Journal of Humanities and Sciences. Prof. Amutabi has conducted extensive research on many issues of development. He has taught courses on peace and conflict and gender and development. He teaches in the PhD and Masters Programme in the Institute of Peace and Security Studies at Kisii University. He enjoys blogging and writing and is an avid sports fan, but does not support any of team, preferring to support the team that plays well.
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