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 Similarly, the case against President Uhuru Kenyatta may not hold given the fact that many witnesses have withdrawn from giving evidence.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.
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