Deputy President William Ruto’s defence
team Tuesday complained about lack of witnesses at the trial saying it
was inconveniencing the lawyers.
One of the lawyers, Mr David Hooper, said the prosecution needed to ensure that there was no witness delay.
“The prosecution team lives here and resides here so they are not as inconvenienced by the lack of witnesses.
They
should up their game because the delay with witnesses is
inconveniencing us because we have to leave and return depending on
their availability,” he said.
Prosecution lawyer
Lorenzo Pugliati said the next witness was expected to appear before the
trial judges in the first week of July, after the 20th witness P-0405
finishes giving his evidence Wednesday.
However,
presiding judge Chile Eboe-Osuji said the matter would be discussed
further today, when the prosecution, the defence and victims’ lawyers
are expected to dispense with the witness.
The session on Monday was postponed because of a witness hitch.
This
has rocked the trial for the most part as it seeks to conclude the case
against Mr Ruto, former radio presenter Joshua arap Sang and President
Kenyatta, who are facing charges in relation to the 2007/08
post-election violence.
Tuesday, a video clip was
played showing UDF leader Musalia Mudavadi, speaking in Kiswahili during
the coronation of Mr Ruto as a Kalenjin elder at the Eldoret Sports
club in 2006.
He said their rivals, PNU supporters,
were “sharpening their knives” preparing to attack the ODM party and
that the latter would also do the same to their rivals.
Mr
Hooper accused the prosecution of seeking to place everyone in a
“fools’ corner” by playing the clip up to the section where Mr
Mudavadi’s completes his statement, arguing that if the tape was played
further, the meaning and context of his message would have been
different.
The prosecution team is expected to continue
to cross examine the witness tomorrow, before the defence and victims’
lawyers also take their time with the witness.
Tuesday, witness P-0405 said he witnessed the eruption of violence at Wiyumbi near Eldoret Town and its environs.
The
witness said claims of stuffed ballot boxes by PNU supporters triggered
the post-election violence around the Rift Valley region.
The
violence in Eldoret Town started on December 26, a day before Kenyans
went to vote, with ODM supporters alleging that their rivals in PNU had
stuffed ballot boxes so as to rig the election in their favour.
He
claimed Mr Ruto, then a member of the ODM Pentagon, was among those
alleging that PNU, whose candidate was former President Mwai Kibaki,
wanted to rig elections before the actual contest.
“He
(Mr Ruto) addressed a group of supporters at a police station within
Eldoret Town amidst riots in the town, where he accused the PNU of
planning to rig the elections,” he said.
The witness
spoke regarding an area in Eldoret known as Yamumbi, from he said he
witnessed some of the violence, often hiding in bushes to escape the
wrath of the attackers.
One of the premises targeted by
the ODM supporters was the Brookside Dairy plant, associated with the
Kenyatta family, which they wanted to torch, claiming the stuffed ballot
boxes were being hidden there, the court was told.
The
witness who was being cross-examined by Mr Pugliatti, said voting on
December 27 went on smoothly until December 30, when election results
were to be announced, and suddenly Mr Kibaki of PNU started overtaking
Mr Odinga of ODM, who had been leading all along, according to results
that had been streaming in.
He said after Mr Kibaki,
was announced to have overtaken Mr Odinga and was set for a win Kikuyus
in the Rift Valley started celebrating, while the ODM supporters, mostly
Kalenjin, Luo, Luhyas and Turkanas, appeared saddened by the events.
Violence
erupted that day at night with several some houses belonging to the
Kikuyus being set on fire, and several people from the community mostly
women and children, abandoning their houses to seek refuge from Kalenjin
youths, who were targeting their property with match sticks.
“A
group of youth from neighbouring Kalenjin farms, aged about 16-18 years
and armed with spears, went from house to house belonging to Kikuyus
and setting them on fire,” he said.
Mr Ruto, then a
senior member of ODM is said to have arrived at his house the following
day in a saloon car, accompanied by two policemen to evacuate his family
to safety.
The witness said some of the houses and
businesses belonging to Kikuyus were looted before being set on fire
either by the Kalenjin or Luos, depending on where they were situated.
Tuesday’s
session was interspersed with several requests by Mr Garcia for private
sessions, so as to get further details from the witness away from the
glare of the public, requests which were granted by presiding judge
Chile Eboe-Osuji.
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