Teary witness recounts Kiambaa Church attack

Kenya's Deputy President William Ruto and his lead Lawyer Karim Khan during a break in the former's ICC trial in The Hague September 17, 2013. BILLY MUTAI  

In Summary

• Woman is one of the survivors of the Kiambaa church arson attack on January 1, 2008 which left an estimated 35 people dead.
• Witness breaks down and weeps inside the courtroom.

Behind the cover of the curtains, the first prosecution witness in the post-election violence case against Deputy President William Ruto took her seat at the International Criminal Court (ICC).

The witness P0536, a lady who said she was from Kimuri village near the Kiambaa Church was only visible to the parties inside the Trial Chamber V (a) and was not to mention any of her relatives or neighbours by name. Her voice was also distorted so as to protect her identity.

She was one of the survivors of the Kiambaa church arson attack on January 1, 2008 which left an estimated 35 people dead.

The court had taken adequate protective measures to “make the witness feel comfortable” according to the presiding judge Chile Eboe-Osuji.

“The witness has been assessed and found to deserve protective measures,” judge Eboe-Osuji said at the beginning. Furthermore, a representative from the Victims and Witness Unit (VWU) sat next to her through

The prosecution lead counsel Anton Steynberg requested the court to go into private sessions to enable the witness identify herself to the chamber and the parties.

WEPT IN THE COURTROOM

Furthermore, she was only to mention her close relatives by pseudonyms or numbers apportioned to them.

But in the course of the second session her testimony-in-chief, she broke with protocol, perhaps unconsciously, and blurted out the name of one of her children for both the parties and those in the public gallery to hear as she narrated her ordeal as one of the survivors of the Kiambaa Church arson attack.

She had told the court how she saved her daughter from the fire. “I pushed (redacted) through the window,” she said.

At this point, Mr Steynberg reminded her against revealing her close relatives. Perhaps realising the mistake she had made, she broke down and wept inside the courtroom. Mr Steynberg then asked the chamber for adjournment so that the witness could compose herself.

“The witness seems visibly upset and we are just about to go to the sensitive part of the evidence,” said Mr Steynberg while requesting the chamber to adjourn 10 minutes early to enable the witness recollect.

“Madam we know that this is a difficult experience for you and we shall adjourn to enable you compose yourself” said judge Eboe-Osuji as he agreed with Mr Steynberg on the adjournment motion for two hours