 Pre-Trial Chamber II ruled that there were reasonable grounds to be believe that William Ruto and Henry Kosgey were criminally responsible as indirect co-perpetrators of the crimes outlined in counts 1, 2 and 4, but in the case of Joshua Sang it ruled that his involvement was not essential to the commission of the crimes and so only ruled that there were grounds to believe he otherwise contributed to the crimes. The Chamber rejected the request by the Prosecutor to include the charge of torture in count 3. In the case of Kenyatta, Muthaura and Ali the Chamber ruled that there were reasonable grounds to believe that Uhuru Kenyatta and Francis Muthaura were guilty as indirect co-perpetrators of the crimes of which they were accused but in the case of Mohammed Ali, the Chamber ruled that his contribution was not essential to the commission of the crimes and so he was charged with having otherwise contributed.
