International Criminal Court (ICC) Chief Prosecutor Fatou Bensouda is seeking to admit a document as evidence that allegedly links Deputy President William Ruto to crimes against humanity.
The document, signed and circulated on January 7, 2008, in the wake of the post-election violence, identifies Mr Ruto as acting with others, referred to as the Network, in committing crimes against humanity.
According to Ms Bensouda, the document, labelled as ‘Item 5’, could not be authenticated by any prosecution witness, prompting her request to submit it directly into evidence.
Ms Bensouda states that "Item 5 is relevant to acts of violence committed in the relevant region during the course of the PEV and, in particular, to the criminal responsibility of Mr Ruto and of the existence and organised character of the Network." She adds that its authenticity has not been challenged by the defence.
The document was allegedly prepared officially as a situation report by an unnamed source and bears official headers.
Mr Ruto’s defence had objected to Ms Bensouda’s request to use the document as evidence, arguing that the signatory to the document was an unreliable source and that it relates to events outside the scope of charges facing the accused.
Mr Ruto is jointly accused with radio journalist Joshua arap Sang for alleged involvement in crimes against humanity that occurred in the Rift Valley region during the chaos that followed the 2007 general elections.