ICC Chief Prosecutor Luis Moreno Ocampo has withheld information which would lead to the identification of some of the witnesses that he intends to call in his prosecution of William Ruto, Henry Kosgey and Joshua arap Sang.
The information was only handed in a single annexture which was given to Judge Ekaterina Trendafilova. “The Prosecution requests that Annex B be received by the Single Judge as “Confidential” as it contains information of a sensitive nature not currently available to the public and/or which was obtained from confidential sources,” Ocampo said when handing over the document containing the charges.
The annexes contain the finer details and items which have been disclosed to Ocampo and which he will use to incriminate the three suspects when they appear before the confirmation of charges hearing next month. It has details and evidence to support Ocampo's claim that the three planned, organised and executed the attacks targeting PNU supporters in Rift Valley.
In particular, it contains all the evidence about the nine or so meetings during which the violence was planned. The meetings were held in Uasin Gishu on December 30, 2006, September 2007, November 2, 2007, December 6, 2007 and December 14, 2007. It also contains details of further four preparatory meetings held in Nandi in December 2007 and which largely implicate Kosgey and Ruto.
The annex contains evidence of the whole planning aspect including the identification of targets, financing for weapons, organisation of the attacks, involvement of ex-military men at the request of one of the suspects and distribution of weapons. It also details the venue of such meetings, those who attended and what was said or agreed during those meetings.
General aspects of these are alluded to in the public document released by the court where it says: “In December 2007, other ODM‐affiliated MPs participated in planning and financially supported the PEV attacks, or otherwise participated in preparatory meetings and events in the Uasin Gishu and Nandi Districts.”
The document makes a mention of aspiring councillors, MPs, influential people, businessmen and elders who attended such meetings and enjoined themselves in the cause which Ocampo claims was led on both military and political fronts by Ruto. It contains evidence which will justify Ocampo’s claim that three commanders were tasked with overseeing attacks in specific geographical areas — North Rift, South Rift and Central Rift.
The names of the alleged commanders are also indicated as well as the people tasked with logistical support such as organising transport. It is assumed the evidence which Ocampo has withheld will have a list of the people who had been identified to call in at Kass FM — with regard to Joshua Sang.
The same applies to a list of media representatives, aspiring and sitting MPs, area councillors, area chiefs, youth, elders and ex-servicemen who attended such meetings.
The role of Ruto and Kosgey in the alleged meetings is said to be expounded in detail on the list. In the public document, Ocampo claims both Ruto and Kosgey encouraged the attacks, assured perpetrators of rewards and immunity for the crimes and compensated those who attended the meetings.
Ocampo claims the weapons were distributed during these meetings. Ocampo zeroes in on the three for at least nine attacks committed between December 30, 2007 and January 31, 2008 in which he hopes to attach responsibility on the three suspects. The specific contention by Ocampo to the effect that Ruto provided telephones, guns and gas to perpetrators is also justified in detail on the list.
Late last month, Ocampo had objected strongly to revealing to the defence the details of the planning meetings including the dates. He claimed that by revealing the details including placing them in a chronological order would enable the suspects to deduce the witnesses.
Judge Ekaterina partially upheld his requests by agreeing to have sections of the information r
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