ICC urged to reject Kalenjin trial plea

ICC registrar Silvana Arbia at a press conference with ministers at Harambee House in Nairobi, September 3, 2010. In a submission to the judges, Ms Arbia says Mr Sang “fully understands and speaks English” and thus the proceedings should be conducted in English. Photo/FILE

The International Criminal Court’s Registry has urged that Pre-Trial Chamber judges to reject a request by radio presenter Joshua Sang to have proceedings in his case at The Hague conducted in Kalenjin.

In a submission to the judges, the registrar Silvana Arbia says that Mr Sang “fully understands and speaks English” and thus the proceedings should be conducted in English.

“He is a well educated and highly eloquent journalist whose testimony in English will pose very little difficulty to the interpreters, or indeed to the Chamber, the parties and the participants.

“Problems of interpretation would actually become much bigger, should he be authorised to express himself in Kalenjin in the courtroom,” the registrar says.

On March 24, Mr Sang’s lawyers through Katwa and Kemboy Advocates, wrote to the ICC indicating that the suspect who appears before the court on Thursday prefers to “express himself and to be addressed in Kalenjin all through the proceedings”

But the registrar wrote to the judges on Thursday saying that though the Rome Statutes require that an accused has a right to be addressed in a “language which the accused fully understands and speaks”, her office had found that Mr Sang has no problem with English.

“In general terms we would rate Mr Sang’s proficiency in English as good. He has a near-native command of English, and has strong communication skills.

“Mr Sang speaks idiomatic English, especially when talking about broadcasting, his area of expertise. He has a rich vocabulary, perfect syntax, good grammar and an easy turn of phrase,” said Ms Arbia.

Meanwhile, Mr Sang was on Sunday discharged from Moi teaching and referral hospital’s memorial wing after undergoing treatment.

He got injured when he slipped and fell as he alighted from the top of a vehicle after addressing Kass FM supporters at Mulot in Bomet on Saturday.

He was on his way to a prayer rally attended by deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto.

The radio presenter, who spoke to journalists after being discharged, said he was fine and headed to his rural home in Cherangany for prayers ahead of his trip to the Hague on Tuesday night.