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Kenya's William Ruto awaits key ICC ruling Kenya's William Ruto loses ICC trial attendance ruling
(about 2 hours later)
Deputy Kenyan President William Ruto is soon to find out whether he will be allowed to miss large portions of his trial for crimes against humanity at the International Criminal Court (ICC). The International Criminal Court has told Kenya's Deputy President William Ruto he must attend most of his trial on charges of crimes against humanity.
Mr Ruto is accused of being responsible for post-election violence in 2007 and 2008 - charges he denies. Prosecutors had appealed against an earlier decision which would have let him spend most of his time in Kenya.
His lawyers argue that he cannot leave Kenya in the aftermath of last month's attack at the Westgate shopping centre. While he must appear at most of his trial, the court ruled he can be excused on a "case by case" basis.
At least 67 people, were killed after Islamist militants stormed the complex. Mr Ruto's lawyers argued he was needed in Kenya after the attack by Islamist militants on the Westgate centre.
Last week the court told Kenyan President Uhuru Kenyatta that he did not need not to attend all of his trial on charges of crimes against humanity, and that he was only required to be present at certain key parts of the case. He denies responsibility for post-election violence in 2007 and 2008. An estimated 1,200 people were killed in the ethnic bloodshed and about 600,000 fled their homes.
His lawyers argued that justice could be met in his absence.
At least 67 people were killed when militants believed to be from the Somali al-Shabab group stormed the shopping centre last month.
Tensions
In their ruling on Friday, judges were critical of the initial decision to give the deputy president a "blanket excusal" before the trial had even commenced.
He will be allowed to apply to miss portions of the case but his absence will only be allowed when it is absolutely necessary.
The BBC's Anna Holligan in The Hague says that the ruling reinforces the power of the ICC to hold the most powerful to account.
However, Friday's ruling could deepen tensions between the court and African leaders who accuse it of unfairly targeting their continent, correspondents say.
Mr Ruto has, so far, attended much of his case.
Friday's judgement could also affect the trial of Kenyan President Uhuru, whose trial on similar charges is scheduled to start next month.
The prosecution is still considering whether to appeal against a decision to allow the president to miss parts of his trial.
Mr Kenyatta argued that attending the trial in The Hague would prevent him from governing the country.Mr Kenyatta argued that attending the trial in The Hague would prevent him from governing the country.
The BBC's Anna Holligan in The Hague says that Mr Ruto, Mr Kenyatta and journalist Joshua Sang comprise the "Big Three" accused of instigating and co-ordinating the post-election killings in which innocent people including women and children were shot and hacked to death. Our correspondent says that Mr Ruto, Mr Kenyatta and journalist Joshua Sang comprise the "Big Three" accused of instigating and co-ordinating the post-election killings in which innocent people including women and children were shot and hacked to death.
An estimated 1,200 people were killed in the ethnic bloodshed and about 600,000 fled their homes.
But our correspondent says that was six years ago, and today Kenya is on the frontline of the battle against the global threat posed by al-Qaeda and its global affiliates.But our correspondent says that was six years ago, and today Kenya is on the frontline of the battle against the global threat posed by al-Qaeda and its global affiliates.
Mr Ruto's trial began in September. He too was granted an exemption from attending parts of his trial, but the prosecution lodged an appeal against that decision, which is currently suspended. Mr Ruto's trial began in September.
The defence says that his "strong leadership" is required to counter terrorism.
The deputy president is the first serving government official to stand trial in an international court.The deputy president is the first serving government official to stand trial in an international court.
Many experts in international law believe that case reflects the apparently incompatible demands of historical restorative justice versus future global security. Many experts in international law believe that his case reflects the apparently incompatible demands of historical restorative justice versus future global security.
Mr Ruto says that he is happy for the trial to continue in his absence and that he wants the opportunity to clear his name. Experts believe that the ICC is in an impossible position, fighting against the tide of international pressure to placate the government in Nairobi.
The Kenyan government has sent a letter to the UN Security Council, asking the permanent members to force the ICC to defer the trial for 12 months, something that is within their powers.
Experts believe that the ICC is now in an impossible position, fighting against the tide of international pressure to placate the government in Nairobi.
They warn that if the ICC fails to keep the trial afloat, it could undermine the whole premise upon which the world's first permanent international court is built - to hold the most powerful to account.