Kenya:ย Theย International Criminal Courtย (ย ICC) Appeal Chamber has ordered Deputy PresidentWilliam Rutoย to attend all trial hearing until an appeal filed by the prosecutor is determined.
ICCย prosecutor Fatou Bensouda had appealed a decision by the court to โexcuse Ruto from continued presence during the trial, with the exception of specified hearings at which his attendance is required.
โThe Appeals Chamber recalls that, as far as article 82 (3) of the Statute is concerned, “[suspension involves the non-enforcement of a decision, the subject of 1 s an appeal”. Therefore, without prejudice to the Appeals Chamber’s ultimate decision on the merits of the Prosecutor’s appeal, the grant of suspensive effect of the Impugned Decision would result in Mr Ruto being required to be present during the trial, pending the final determination of the Prosecutor’s appealโ, read part of theย ICCย statement signed by Judge Akua Kuenyehia on behalf of the Presiding Judge.
Tuesdayโs decision on the suspensive effect will have no bearing on the Appeals Chamber’s final decision, which will be made in due course.
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โThe Appeals Chamber recalls that, as far as article 82 (3) of the Statute is concerned, “[suspension involves the non-enforcement of a decision, the subject of 1 s an appeal”. Therefore, without prejudice to the Appeals Chamber’s ultimate decision on the merits of the Prosecutor’s appeal, the grant of suspensive effect of the Impugned Decision would result in Mr Ruto being required to be present during the trial, pending the final determination of the Prosecutor’s appealโ, read part of theย ICCย statement signed by Judge Akua Kuenyehia on behalf of the Presiding Judge.
Tuesdayโs decision on the suspensive effect will have no bearing on the Appeals Chamber’s final decision, which will be made in due course.
Source-standardmedia.co.ke