Two Kenyan ministers named in ‘Ruto’s network’

Two Cabinet ministers from the Rift Valley were named as part of the network over which Eldoret North MP William Ruto, his Tinderet counterpart Henry Kosgey and radio journalist Joshua arap Sang face accusations of committing crimes against humanity.

Also named in the private proceedings at The Hague were an MP, a businessman and a political activist who were said to have lent their weight to the network, which the prosecution has told the court bears the greatest responsibility for the violence.

The three were named at the ICC when the court went into private proceedings to protect their identity since they were not the ones facing trial. Court rules prohibit the parties from publishing their names.

Mr Ruto, Mr Kosgey and Mr Sang have been named alongside Deputy Prime Minister Uhuru Kenyatta, former police boss Hussein Ali and civil service chief Francis Muthaura as the men who allegedly bear the greatest responsibility for the violence that rocked the country, left more than 1,000 dead and displaced tens of thousands from their homes.

Sources privy to the private proceedings – known in legal jargon as in camera proceedings – have told the Sunday Nation that the prosecution holds the view that the rest of the team that supported the network should possibly be tried in Kenya under national laws.

The politicians are accused of donating cash, cows for slaughter and organised oathing among the youths during the post-election chaos.

The revelations about who else made it to the radar screens of investigators came in a week of high drama before ICC judges as the prosecution went full throttle to convince the judges that they should commit Mr Ruto, Mr Kosgey and Mr Sang to trial.

On the other hand, defence teams put their best foot forward in an attempt to discredit the evidence placed before the court by the prosecution. The final word on whether the case will fly or flounder lies with the judges who are expected to deliver their judgment by December 24, 2011.

It also emerged that Belgut MP Charles Keter could be investigated over the allegations made at the ICC that he had made statements in a radio interview which could be understood to be intimidating to witnesses. (READ: Transcript of Keter’s interview that caused ripples at The Hague)

The Kenya National Commission on Human Rights (KNCHR) was on Sunday studying the recorded transcript of Mr Keter’s interview at the request of two “partners” which could result in legal action against the MP.

“The Commission has been asked by two of our partners to look at the transcript and make a written complaint on the same for them to move in and take action. I don’t want to tell you which agencies they are at this point in time,” said KNCHR Commissioner Hassan Omar.

Mr Keter has categorically denied that he made any illegal statements.

A lawyer conversant with ICC rules said that Mr Ruto could face tougher sanctions, including detention, if the allegations made against Mr Keter are proved to be true.

Justice minister Mutula Kilonzo also termed the allegations levelled against Mr Keter “serious” but fell short of calling for investigations.

“If at all what Chana said is true, then it is a very serious offence. Nobody has the right to threaten witnesses. It is a very serious crime under the International Crimes Act and even the Penal Code. It demonstrates a society that has no respect for the rule of law,” he stated.

Mr Keter is on the spot for allegedly warning that two witnesses who gave evidence to the ICC prosecutor against Mr Ruto, Mr Kosgey and Mr Sang would be “dealt with” once they returned home from The Hague for the confirmation hearings against the suspects.

A lawyer for the victims, Ms Sureta Chana, told the ICC Pre-Trial Chamber judges that Mr Keter called the radio station on Tuesday morning and “incited people” in the process.

Ms Chana, representing 327 victims of the violence, said the call was a demonstration that victims were being intimidated and were living in fear of renewed attacks.

Intimidation

She said that the statements made by the ODM rebel MP and listeners who called in showed that the victims were being labelled traitors and were being intimidated back in Kenya. She read out an email which she said had been sent from Kenya by one of her field researchers who spoke to the “anonymous victim”.

“A victim said he heard the Belgut MP call in during an early morning broadcast at the radio station on September 6. Mr Keter said that he knows the identity of Witness Six and Witness Eight and also that the ICC case was a plot hatched by human rights activists. The victims said that Mr Keter threatened that the ‘traitors’ would be dealt with when the hearings end,” Ms Chana told the court.

The lawyer said Mr Keter had warned of unspecified consequences to traitors when the confirmation of charges hearing is over. He allegedly said that it was not just the three who were on trial but the entire Kalenjin community.

Another field officer has claimed that the situation was getting dangerous for the Nandi and human rights workers because the broadcast had carried the following threat: “We will give them the treatment deserving of traitors’’.

On Thursday, Pre-Trial Chamber president Ekaterina Trendafilova warned against any threats to witnesses.