CORD principal Raila Odinga (right) flanked by Budalangi MP Ababu
Namwamba (centre) and Moses Wetangula addresses a news conference after a
parliamentary group meeting at Wetangula's residence on September 16
2013. Photo/PHOEBE OKALL
17:08 Steynberg requests the Chamber to go into a
private session so that the witness can give testimony using a sketch,
which would identify places. Justice Eboe-Osuji agrees.
17:07 Witness: He took my brother to the Moi Teaching Referral Hospital.
17:05
I had to use a shortcut through the forest to reach a place called
Oasis. A Kalenjin, who had a pick up truck, helped me after I spoke to
him in his dialect.
17:03 Witness: Brown shoved my
brother to me and said: "Take your trash". My brother was in a bad way.
He took a few steps and then fell to the ground. An arrow had been
lodged in his neck.
17:00 I attempted to save him. I
took off all my clothing and there I stood naked. In the Kalenjin
custom, when a woman takes off her clothes it is like a curse. My
intention was to save my brother's life.
16:58 Witness
says a close relative was hiding at the church's fence. He took off but
was not able to escape. He was shot by an arrow.
16:56
Witness: An elder was struck with an axe by youth. The first person to
strike him was Brown. I couldn't recognise the others since I was
afraid.
16:55 The judge tells the witness to be careful as she testifies so that her identity is not revealed.
16:53 Witness: Margaret Wanjiru is her name.
16:52 Witness: I witnessed the rape.
16:48
Witness: When I was told the children had been pushed back into the
church, I nearly went mad. Some youths had set up a roadblock. A woman
asked Brown for help. She was raped.
16:45 Witness: I just know he was called Brown because he was light skinned. He was armed with an axe and some arrows.
16:42 Witness: Emmanuel Bor ordered the young people to allow women and children to leave the church.
16:28 Steynberg requests a private session to go into specifics of the attack. The judge accedes to the request.
16:27 Witness: Young Kalenjins grabbed those who tried to escape and pushed them back into the church.
16:23
Steynberg says he will re-phrase the question. Witness: I was talking
about the main door. The bicycles were placed in the corridor. When the
church was burnt down, the bicycles were placed in the main entrance
blocking the exit. It was the Kalenjin youth who did it to ensure we did
not flee.
16:21 Khan objects saying the prosecution is asking leading questions. The objection is sustained, the judge rules.
16:18
Witness: It was difficult to get out the church. Bicycles at the
entrance made it hard to get out. They were some of the items we looked
to keep.
16:17 They (youth) set the mattresses on fire after setting them against the walls. Everyone was trying to get out.
16:16 Witness: He poured the contents of the jerrican onto the church's roof.
16:14
Witness: Chemalan had a blue jerrican. It was made out of plastic. It
contained petrol that was used to burn down the church.
16:05
Judge Eboe-Osuji says the parties' concerns have been noted. He asks
the court officer to bring the witness back to the courtroom in a closed
session.
16:04 Ruto lawyer's Katwa Kigen also raises issue with the interpretation and requests that transcripts be provided.
16:03 Khan: Parties can ask for clarification when the need arises.
16:02 Steynberg says he will try to regulate the pace of witness testimony so that every detail is clearly captured.
16:00 Victims' lawyer Wilfred Nderitu says the interpretation is not accurate in some instances.
15:57 Court is back in session.
14:20 Court takes a break.
14:10 The witness identifies a local leader, a Mr Chemalan, as one of those at the centre of the Kiambaa Church attack.
14:03
Witness: I could see what was happening through some holes in the
windows. It is difficult to estimate the number of those inside the
church.
14:02 Witness: The church was made of wood but its inside was lined with mud, the roof was covered with iron sheets.
14:01 The youth threw stones and shot arrows from all directions, the witness says.
13:59 There were some cracks in the windows and I could identify some of the attackers.
13:57 Witness: The church was torched as we sought refuge.
13:54 Witness: The attackers were Kalenjins.
13:52 Witness: Some were dressed in khaki shorts and headgear. The youth had painted themselves with white clay.
13:51 Some of the youth carried traditional weapons such as machetes and sticks, the witness says.
13:50 I did not count, but I put their number to approximately 3,000.
13:48
They came to the church and attacked us, the witness testifies. Some
came from behind while others approached from the left.
13:47 Witness: The youth were chanting Hoi Hoi Hoi.
13:44 Witness: I will attempt to show you using gestures. They (youth) came from behind us.
13:40
Witness: We heard shouting and some of us went into the church. There
were many of them and they were singing as they came closer.
13:38 Steynberg: What happened on the morning of January 1? Witness: It is difficult for me to narrate, but I will try.
13:37 There were many of us, children and women at the Kiambaa church, she says.
13:32 Witness: We refers to "Kikuyus"
13:31 Kalenjin youths threatened me, they told me if we didn't vote for ODM we would face the consequences, the witness says.
13:30 Witness says her parents' home was burned down as the violence spread.
13:26
Sang lawyer's Kigen says the pre trial chamber had rejected evidence of
violence on some certain dates but he is overruled by the Chamber.
13:25 Steynberg leads the witness in giving her testimony.
13:18 Justice Eboe-Osuji tells court officer to usher the witness during a closed session.
13:15
Khan requests the Chamber to consider that witnesses should sign a
document binding them to tell the truth and the consequences of perjury.
13:14 Khan says the accused has a right to be
protected from false testimony in the same way the witnesses' dignity
should be protected.
13:12 Justice Eboe-Osuji says party calling the witness to ensure they are adequately prepared.
13:11 The presiding judge restates that the Chamber will strive to ensure witnesses are not intimidated.
13:10 Court is back in open session.
12:21 Court goes into a private session.
12:20 Witness: There are also Kalenjins
12:18 Witness says Kikuyus are the predominant tribe in Kiambaa.
12:15
Judge: I do not want to create an intimidating atmosphere. The
witnesses have an obligation to tell the truth in answer to Khan's
insistence that witnesses must not lie.
12:15 The judge tells the witness to be careful about providing information that could reveal her identity.
12:13 Court is back in open session.
11:45 Steynberg requests for a private session to introduce the witness.
11:44 Steynberg leads the witness in her testimony.
11:42 The witness takes oath to tell the truth.
11:41 Ruto's lawyer Karim Khan stresses that the witness should provide truthful testimony.
11:40 "Do not try to guess an answer to a question you don't know," the judge tells the witness.
11:39 He says the court is interested in the truth and tells the witness to listen keenly to questions from the parties.
11:35 The judge tells the witness to feel comfortable as she gives her testimony.
11:29 The court goes into closed session.
11:27
Lead prosecution counsel Anton Steynberg says the prosecution will
request for at least three private sessions in the course of the
witness' testimony.
11:25 The judge says the court will go into a closed session to allow the witness to take the stand.
11:21
Judge Eboe-Osuji says the Chamber has assessed the witness and deserves
protective measures. Voice and identity distortion during proceedings.
11:21 Prosecution says witness 536 is ready to testify.
11:19 The presiding judge says each prosecution witness has four hours to give their testimony.
11:17 The judge says the Chamber will also take submissions on the individual assessment of witnesses.
11:15 He says the Chamber will take submissions on Kenya's Parliament motion to pull-out of the ICC on Wednesday morning.
11:13 Judge Eboe-Osuji ask the prosecution if it is ready to proceed. The answer is yes.
11:12 Court officer calls the case.
11:10 Court is in session.
The first prosecution witness in the case facing Deputy President William Ruto and Joshua arap Sang takes the stand Tuesday.
The woman, who was a victim of the Kiambaa Church arson attack, is the first of 10 witnesses lined up by International Criminal Court prosecutor Fatou Bensouda.
According to the legal representative for the victims, Wilfred Nderitu, there is no specific sequence for the appearance of the witnesses.
“There are no specific numbers of witnesses lined up this week but we expect that 10 will testify during this session,” said Mr Nderitu.
Lead prosecution counsel Anton Steynberg has indicated that the prosecution would call up to “22 victims and witnesses, common Kenyan people, who will describe the attacks” in the towns of Turbo, Kapsabet and Nandi Hills and five locations in the greater Eldoret area in the case against.
The five locations are Kiambaa, Langas, Yamumbi, Huruma and Kimumu.
Mr Ruto and Mr Sang face charges of murder, deportation or forcible transfer of population and persecution constituting crimes against humanity.
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