Witness P-800 may have enhanced the prospects of International
Criminal Court Prosecutor Fatou Bensouda’s getting a conviction against
Deputy President William Ruto and former radio presenter Joshua Sang.
Perhaps
the prosecution’s most effective witness of the 27 so far, he appeared
confident in his portrayal of Mr Ruto and Mr Sang as perpetrators of the
2007/08 post-election violence.
He could also fuel
pursuit of individuals who may have allegedly been involved in witness-
tampering as he listed people he said lured him to sign a statement
recanting his testimony.
ICC has already indicted
former journalist Walter Baraza for tampering with witnesses in the case
against Mr Ruto. Mr Baraza is fighting extradition in a Kenyan court.
The
witness is among those who had deserted the ICC before returning to
testify. He said there were disagreements with the court over what he
was getting for upkeep.
EVICTING KIKUYUS
The defence teams frantically tried to dismantle his evidence but he stood his ground — sometimes coming off as blunt — obliging presiding Judge Chile Eboe-Osuji to rephrase defence questions.
The defence teams frantically tried to dismantle his evidence but he stood his ground — sometimes coming off as blunt — obliging presiding Judge Chile Eboe-Osuji to rephrase defence questions.
He first alluded to the polarised nature of the 2005 constitutional referendum campaigns.
P-800
told the court how ODM Pentagon members concentrated their efforts
where the party was popular, rebutting Mr Ruto’s lawyer Shyamala
Alagendra’s proposition that the ‘No’ team sought votes from across
Kenya.
According to the witness, while ODM members
attempted to paint their campaign as national, they were mainly
interested in getting the vote of supporters in their strongholds.
The
witness also said Mr Ruto ordered the uprooting of “white mushrooms”
from the Rift Valley. He interpreted this to mean Kikuyus, mostly
associated with the Akorino sect whose followers wear white turbans.
His
testimony was interspersed with requests for private or closed session
during which the witness discusses sensitive aspects of the testimony,
especially those that can identify him to the public.
He said Mr Sang knowingly altered the meaning of Kalenjin sayings and songs to incite hatred against Kikuyus.
CODED LANGUAGE
On
cross-examination by Sang’s lawyer Mr Katwa Kigen, P-800 said the
journalist would, on his Kass FM, use Kalenjin words translating into
“this country is ours” stoking hatred between Kikuyus and Kalenjins.
The witness, a fairly good Kalenjin speaker, went toe-to-toe with Mr Kigen explaining the usage of certain terms.
For
instance, he maintained that Sang selectively played the song Kimi Beek
Kwenet which translates to “we are in the middle of the sea” to drive
his message home.
“My testimony is about the hidden
meaning and how that song was used at the time. I have no problem with
your translation,” he told the lawyer.
He also said
Sang used as pik ab chego phrase translated to “people of milk” to
distinguish Kalenjins from other communities. “Mr Sang used words with
hidden messages meant only for the Kalenjins and at the same time used
clear language where he called for the unity of the community and the
country,” the witness said.
He said the remarks led to the attacks and eviction of Kikuyus.
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