Court convicts Kenyan over poll chaos

A 24-year-old man has been sentenced to life in prison for the murder of his neighbour during the 2008 post-election violence.

Peter Kipkemboi Ruto, alias Saitoti, became the first suspect to be jailed for life by a Kenyan court for crimes committed during the chaos in which 1,133 people were killed and up to 600,000 displaced.

His conviction comes at a time the International Criminal Court is preparing the trial of four Kenyans suspected of masterminding the post-election violence.

The trials of Deputy Prime Minister Uhuru Kenyatta, former Public Service chief Francis Muthaura, Eldoret North MP William Ruto and Kass FM radio presenter Joshua arap Sang may start early next year.

Peter Ruto was accused of murdering Mr Kamau Kimani Thiong’o, 67, on January 1, 2008 at Kamura village in Timboroa, Uasin Gishu county.

In her landmark judgment, Nakuru High Court judge Roselyn Wendoh dismissed Ruto’s defence observing that he was clearly identified by prosecution witnesses since the attack happened in broad daylight.

“Four of the witnesses clearly identified Ruto and two others who are still at large because they were well known to them and had lived together as neighbours for many years,” she said.

Ruto and his accomplices also stole seven cows, three goats and burnt eight houses in Thiong’os homestead. The theft and destruction was valued at Sh850,000.

The judge noted how witnesses testified about tension between the Kikuyu and Kalenjin communities following the announcement of the presidential election results.

Incumbent Mwai Kibaki of PNU was declared winner but his closest challenger, Raila Odinga of ODM disputed the results.

The witnesses, the judge said, told of a gang of raiders massing in the forest, plotting the attack before splitting into two and surrounding them together with Thiong’o.

She said the witnesses said that one Daniel Kibor, who is yet to be arrested, threw a panga at Mr Thiong’o but he ducked.

“The court was told that the old man was hit by something which was to be later identified as an arrow and fell after which Ruto dashed forward and struck him with a panga on the head,” she said.

She said identification could not be challenged because the attack occurred at a potato plantation and there was nothing to hinder the witnesses’ view.

She also noted that during the hearing, both the prosecution and defence witnesses said there was no bad blood between them and therefore no reason to frame Ruto.

One of the prosecution witnesses was Ruto’s former classmate. Lady Justice Wendoh said although the cause of death was declared as an injury to the brain caused by a penetration of a sharp object, Ruto was still guilty of murder because “he could have done it himself”.

“He is guilty as charged because he was part of a group that set out to attack others due to their ethnic differences in which a death occurred,” said Lady Justice Wendoh.

The judge observed that the crime was planned because the raiders assembled in a forest, planned their attack, split into two groups and surrounded the victims ready to attack.

Thiong’o’s body was immediately buried during the violence due to the tension but had to be exhumed for postmortem. A metal arrow head was found lodged in his skull and a deep panga (machete) cut in the head.

The court dismissed Ruto’s defence and alibi that he had fled with his family to Tinet on December 31, 2007 following rumours that there would be violence in Timboroa.

The judge noted that there was no indication that Ruto was away at the time of the crime and termed the alibi as an after-thought meant to defeat justice.

Ruto disappeared immediately after the murder and was arrested in May, 2008 when he went back to Timboroa. Thiong’o’s relatives who attended the court hearing welcomed the decision and appealed to the police to arrest the other two suspects who are still at large.

His widow, Ruth Kamau, 60, said she was happy because justice had finally happened. But the woman who currently lives on a leased one-acre piece of land in Kinangop appealed to the government to compensate her for her husband’s death.