Ocampo star witness ‘led 1992 clashes’

One of The Hague’s star witnesses was on Tuesday dismissed as a self-confessed criminal who had admitted taking part in the 1992, 1997 and 2007 post-election violence.

The witness, whose identity has been concealed and is only being referred to as Prosecution Witness Number Eight, was described by a lawyer representing broadcaster Joshua Sang as a drunkard who could not be trusted.

The witness was responsible for 3,000 of the 4,000 pages of the prosecution’s evidence, said lawyer Logan Hambrick for Kass FM presenter Joshua Sang.

Ms Hambrick, who was appearing with Mr Kigen Katwa, accused International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo of relying on skewed reports by human rights agencies and not carrying out independent investigations into the 2007/8 post-election violence.

“We submit that the prosecution relies on career witnesses who have testified before every commission that has been established in Kenya to investigate the violence,” the lawyer said.

She requested the court to allow them to air a clip of Kenya National Commission on Human Rights witnesses recanting their testimony.

But before the clip was showed, judge Hans-Peter Kaul asked the lawyer to stop using strong language. Presiding judge Ekaterina Trendafilova cautioned against revealing details that would expose the witnesses.

“You can identify a person by revealing details about them but not necessarily by giving out their names,” the judge said.

Confessed to committing crimes

Mr Katwa said one of the witness had confessed to committing crimes in 1992, 1997 and 2007 elections.

He argued that the witnesses contradicted themselves, with ‘Witness Number One’ saying that the meeting at Sirikwa Hotel was on November 2, 2007 and ‘Witness Number Eight’ saying September 2, 2007.

“We plead that they should not be given the benefit of doubt. These are people who were detailed in their statements and therefore have very clear memory,” he said.

Mr Katwa described the alleged military command that directed the chaos as a creation of the prosecutor, stating his client had not been implicated by any witness.

“Witnesses have raised their own identities on levels of command and we urge the court to give us the benefit of doubt over these inconsistencies.

“A witness said Prime Minister Raila Odinga was at the head of the command structure but prosecution did not rely on this witness,” said Mr Katwa.

He said three witnesses gave conflicting accounts of the alleged oathing ceremonies conducted by the suspects.

“One of the witnesses said Emo Foundation accommodated all Kalenjins irrespective of party affiliation. But he also said it would only allow membership from ODM supporters. We find this contradiction surprising.”

Mr Katwa asked how the prosecutor could have failed to establish that Emo Bank, which some claimed had been used to channel money to them, was non-existent.

Ms Hambrick asked the court to reject unsubstantiated witness accounts.

“Kenya is a functional state. Copy of transcripts, recordings could easily have been available to the prosecution,” she said and demanded clips and newspaper cuttings of Mr Ruto telling an ODM rally to block roads and kill Kikuyus as alleged by some evidence.

Mr Katwa said the prosecution claimed that on December 14, 2007, Mr Samson Cheramboss supplied guns and grenades at a meeting, but did not interrogate him on the same when he appeared as Mr Ruto’s witness last week.

“The prosecution has not proven supply of grenades or their use of grenades to cause any deaths. The issue of existence of grenades was meant to sensationalise this case,” said Mr Katwa.

He said Mr Sang was not the master of ceremonies at the burial of former athlete Lucas Sang as claimed. He added that the track star was buried on January 10, 2008, and not January 14 as stated.

Mr Sang’s defence requested to show a clip of an ODM campaign rally attended by Mr Ruto on the day it is alleged he hosted a meeting where guns were distributed.

Used coded language

“Allegations that my client, Mr Sang, used coded language as put forward by prosecution witnesses, but no one has procured the nature of the coded language,” he said.

He added that the management of Sirikwa Hotel in Eldoret had confirmed that they did not host any event by Emo Foundation or Kass FM to raise funds for the chaos.

Mr Katwa said the prosecution was altering charges as the case moved on. “In the charges, they say violence was planned for three years, but they now say it was formulated to take place within the shortest time possible. It is also not clear who the aggressors were. Was it ODM supporters, Kalenjins, elders, businessmen? There is a lack of specificity,” said the lawyer.