The Assembly of State Parties (ASP) is Thursday expected to make a decision on the Kenyan application not to apply Rule 68, which allows the use of recanted evidence in the International Criminal Court (ICC) cases facing Deputy President William Ruto and Journalist Joshua Arap Sang.
On Wednesday, Kenyan officials led by Foreign Affairs Cabinet Secretary Amina Mohamed were locked in meetings of a special committee of the ASP Bureau that is expected to communicate its decision to the ASP plenary either rejecting, adopting or amending the Kenyan proposal.
Kenya had a chance to further lobby countries to support the withdrawal of recanted testimony against the accused, as well as a request to the ASP to appoint an independent team to audit the prosecutor’s witness recruitment processes in Kenya.
During discussions in the plenary last Friday, most European countries argued that reversing Rule 68 about recanted evidence would sound a death knell for the independence of The Hague-based court.
ICC Chief Prosecutor Fatou Bensouda was allowed by ICC trial judges to use prior statements of five witnesses who recanted their evidence in the past.
This move has been strongly opposed by Ruto and Sang as well as the Jubilee government as a miscarriage of justice.
On Saturday, the Kenyan delegation at The Hague was still lobbying the 18 members of the bureau as it reviews the issues forwarded to them on Friday.
The current bureau took up its functions during the 14th session of the ASP.
It consists of a President, Sidiki Kaba (Senegal), two Vice Presidents, Alvaro Moerzinger (Uruguay) and Sebastiano Cardi (Italy) and 18 members elected by the Assembly for a three-year term.
During Tuesday’s plenary, Kenya received support from African and South African countries.