Witness steals the show with his wit and English ‘mastery

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PHOTO | BILLY MUTAI Some of the MPs and Senators arrive at the ICC shortly before the beginning of court proceedings on October 7, 2013.  NATION MEDIA GROUP

In Summary

• Save for the frequency with which he mixes tenses, his command of the Queen’s language and articulation can only be said to be commendable
• Meanwhile, six MPs on Tuesday arrived in The Hague to take the place of their colleagues

By Walter Menya
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His wit, courage and pronunciation have been the hallmark of his testimony so far.

Witness 326 has also exhibited knowledge of Kenya’s political scene, especially the ODM structure and 2007 campaigns.

His testimony in the crimes against humanity case facing Deputy President William Ruto and former broadcaster Joshua arap Sang entered the second day on Tuesday.

SCRATCHING THEIR HEADS

The witness has left both the prosecution and the defence scratching their heads with his “lectures” on the organisation of the Orange party’s vote chase in the disputed 2007 polls that resulted in violence.

Save for the frequency with which he mixes tenses, his command of the Queen’s language and articulation can only be said to be commendable.

Besides, he is proving to be no pushover, and the trial judges and other parties may have come to appreciate the same.

On Monday, when he began his testimony, the witness sent the public in fits of laughter with his claim that former Vice-President Kalonzo Musyoka ran off with ODM-Kenya, leaving the likes of Raila Odinga, Ruto, Musalia Mudavadi, Charity Ngilu and Joe Nyaga without a party.

“Kalonzo was not nominated. Mr (Dan) Maanzo canvassed with Kalonzo and ran away with ODM party, which had an orange-and-a-half as its symbol and left Raila and the rest of the leaders with no party,” he said.

Mr Odinga and Mr Musyoka are now in Cord, having come together again for the 2013 General Election.

On Tuesday was no different. Prosecution counsel Adewole Omofade had pointed out to the witness that he was spending more time facing in the direction of the defence, and urged him—as is the norm— to face and address the judges.

Presiding judge Chile Eboe-Osuji emphasised the same. However, the witness’ response carried the day.

“Your honours, I am a human being. I cannot just face one direction,” he responded to the chamber’s directive.

Judge Osuji had to chip in quickly to reassure him that the intention was not to place him in a strait-jacket situation, where he could not look around.

By that time, people in the public gallery could not hold it any more and burst into prolonged laughter. The gallery usually restricts people from conversing, eating, pointing, using mobile phones and laptops or taking photographs.

The prosecution is yet to conclude the examination-in-chief of the witness.

Meanwhile, six MPs on Tuesday arrived in The Hague to take the place of their colleagues who have been there since the hearings resumed on October 2. They are Mr Joseph Limo (Kipkelion East), Mr Patrick ole Ntutu (Narok West), Mr Banticha Abdullahi Jaldesa (Isiolo South), Ms Grace Kipchoim (Baringo South), Mr Erick Keter (Belgut) and Mr Leonard Sang (Bureti).

They joined Kericho Senator Charles Keter and Mrs Rachel Ruto and Ms June Ruto who have remained with Mr Ruto since the trials opened.