ICC Judges have allowed Deputy president William Ruto and former journalist Joshua Sang to appeal against the admission of recanted witness statements.
The decision is pursuant to Rule 68 of the 'Rules of Procedure and Evidence', the trial judges said on Thursday.
"According to article 82(1)(d) of the Rome Statute, authorisation to appeal the decision can be granted if the decision 'involves an issue that would significantly affect the fair and expeditious conduct of the proceedings," read a statement.
"Or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings”.
The Judges said for some decisions, parties have an automatic right to appeal and that for others they have to request “leave to appeal” the decision.
Ruto and his co-accused Sang had requested to appeal the ICC decision for ICC prosecutor Fatou Bensouda to use the statements.
The Ruto defense suffered a major blow on August 20, when the judges allowed Bensouda to admit the statements.
Bensouda said statements, including those of witnesses who have refused to testify or are missing, are significant to the case.
She said they provide evidence on matters including the DP's role in planning the 2007-2008 post-election violence.
Ruto's defense team argued that Bensouda's use of the evidence, from witnesses who cannot be cross-examined, affects the fairness of proceedings.
In an application, Ruto's lawyer Karim Khan highlighted eleven issues that will be pursued.
Among them are establishing whether the judges erred in finding that the prosecution would not be seeking to alter anything previously entitled to the defense.
The defense will also seek to find out whether an error was made in finding that "written statements and transcripts of interviews are... prior recorded testimony".
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