NAIROBI, Kenya
International Criminal Court deputy prosecutor James Stewart now says lawyer Paul Gicheru corrupted witness in coordination with Kenya’s Deputy President, William Ruto.
Ruto
and radio presenter Joshua Sang were charged with six counts of crimes against
humanity arising out of the post-election violence that followed the 2007
general election in Kenya.
In
a 122-page document dated November 22, Stewart says Gicheru is individually
criminally responsible for eight counts of corruptly influencing witnesses
individually as a direct perpetrator or jointly with other members of a common
plan as a direct co-perpetrator.
The
Common Plan encompassed the identification, location and contacting of
Prosecution Witnesses, and offering and/or paying them financial benefits.
Or
threatening or intimidating them, in order to induce them to withdraw as
Prosecution Witnesses.
"The
ultimate goal of the Common Plan was to undermine the Prosecution case in the
Ruto and Sang case by preventing Prosecution Witnesses," Stewart said.
Ruto
risks being charged with corruptly influencing a witness under Article 70(1)c
which could earn him five years for every count.
Stewart
explained in detail that the Common Plan materialised by April 2013 and
continued until at least the close of the Prosecution’s case in Ruto and Sang
on September 10, 2015.
A
timeline of key events relevant to the execution of the Common Plan, a
relationship chart and a witness overview were annexed to the Prosecution’s
written submissions on confirmation are and are incorporated in this Brief by
reference.
Stewart
said the members of the Common Plan consisted of a network of individuals
associated-in-fact and acting jointly, at different levels, to realise the
objectives of the Common Plan.
These
individuals include managers: Gicheru, Silas Kibet Simatwo and Isaac Maiyo.
(ii)
Intermediaries: between the Managers and Prosecution Witnesses, including
Meshack Yebei, Philip Kipkoech, Bett Walter Barasa.
The
Managers consisted of a group of influential people associated with and/or
supporters of Ruto at the relevant times.
Gicheru
informed both P-0397 and P-0800 that he was a close friend of Ruto and that
they had attended Kapsabet High School together.
An
analysis of mobile phone indicates that Ruto was saved as a contact under a
number**.
The
same number has previously been attributed to Ruto by multiple sources.
Simatwo
was an influential Kenyan businessman and long-time business associate of Ruto.
He was “an eye of Ruto”.
In
order to implement the Common Plan, the members each provided essential
contributions. Gicheru and other Managers were responsible for the essential
tasks of directing and coordinating the activities of Common Plan Members.
They
decided which Prosecution Witnesses should be targeted; negotiating and
deciding how much they would be offered and/or paid.
They
also ensured that the necessary finances were available to pay the Bribes
agreed, or at least a portion thereof and intimidating Prosecution Witnesses
with threats of adverse consequences if they failed to cooperate.
Stewart
says Simatwo and Maiyo also made essential contributions by working with
Gicheru to coordinate with Ruto.
They
also contributed to Prosecution Witnesses interference.
In
some instances, they also contacted Prosecution Witnesses telephonically in
furtherance of the Common Plan.
"They
acted as a link between the funders and/or beneficiaries of the Common Plan,
including Ruto, and the Intermediaries and Associates," Stewart said.
Stewart
said the evidence establishes that the pattern of witness interference
described below was conducted for the benefit of, and in coordination with,
Ruto.
"The
Prosecution will establish beyond reasonable doubt that Paul Gicheru is guilty
of the charges confirmed by Pre-Trial Chamber," he added.
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