Ruto and Kosgey tightlipped after Ocampo charges

Updated 1 hr(s) 25 min(s) ago

By Evelyn Kwamboka

As the enormity of the charges facing three of the Ocampo Six suspects begins to sink in, most of them remained silent, perhaps accepting that from now on, the field belongs to their lawyers.

When he appeared before the Pre-Trial Chamber II in April, one of the three suspects, Eldoret North MP William Ruto, said: “The allegations that have been made here, sound to me like they can only be possible in a movie. An innocent person like me to be dragged all the way here (The Hague) is a matter that puzzles me.” Now the cold, hard reality is setting in and word reaching The Standard newsroom was that lawyers for the three suspects are re-strategising ahead of September 1, when their confirmation of charges hearing begins at the International Criminal Court (ICC) Pre-Trial Chamber II at The Hague.

On Monday evening, ICC Prosecutor Moreno-Ocampo filed details of the crimes against humanity charges he will level against Ruto, Kass FM journalist Joshua arap Sang, and Tinderet MP Henry Kosgey.

Only Sang was willing to speak about the file the Prosecutor released.

The Kass FM employee told journalists in Kitale he is optimistic of beating off the charges when the confirmation hearings begin on September 1.  He described the charges as politically motivated.

“I’m innocent and my conscience is clean. I never committed the alleged crime, and I’m sure of coming back home a free man,” said Sang.

The Kass FM journalist is accused by the Prosecutor of calling on perpetrators to begin attacks against PNU supporters in the Rift Valley.

Embrace peace

Sang is alleged to have used coded language in his broadcasts signaling supporters who to be attacked, and gave locations of the attacks.

He is also said to have sought updates on the perpetrators’ progress.

But Sang said he at no time encouraged people to take up arms and would prove his innocence at hearing in The Netherlands. “We will prove our innocence and disapprove our political enemies who are responsible for this (and show) that we did not commit any crime,” he said.

Sang was speaking at the Kitale Museum during the official launch of the Trans-Kenya Women Society Sacco. He asked Kenyans to pray for the Ocampo Six and urged the communities in the Rift Valley to embrace peace and co-existence.

Sang, a one-time parliamentary aspirant, told his supporters he is ready to run for a political seat in Trans Nzoia County.

The other three suspects are Deputy Prime Minister Uhuru Kenyatta, Postmaster General and former Police Commissioner Hussein Ali, and Head of the Civil Service and Secretary to the Cabinet Francis Muthaura.

Sources told The Standard the lawyers, who have been preparing their defence based on an application that was used by Ocampo to obtain summons against the suspects in March, might now have to change their tactics to prevent the Pre-Trial Chamber judges confirming the charges.

They now have 29 days to prepare for the legal battle, based on the 38-page DCC Moreno-Ocampo filed.

It contains allegations on how Eldoret North MP William Ruto, Tinderet MP Henry Kosgey, and Sang formed a network that executed killings and displacement of people following the 2007 General Election.

The charges are based on violence that rocked Turbo, the greater Eldoret area (Kiambaa, Yamumbi, Huruma, Kimumu and Langas), Kapsabet town, and Nandi Hills.

Moreno-Ocampo claims that as a crowned Kalenjin leader, Ruto used his authority to form a network that executed the crimes against humanity in parts of the Rift Valley Province, provided guns, fuel and transport to perpetrators. To subordinates in the network, he provided telephones.

“By 2007, Ruto was the head of the multi-faceted network that attacked PNU supporters and expelled them from the Rift Valley,” the prosecutor claims.

Moreno-Ocampo says the network had a military structure that included three commanders, all of whom reported to the Eldoret North MP and Kosgey.

Moreno-Ocampo claims Ruto and Kosgey held not less than nine meetings and events, where plans to attack PNU supporters was formulated.

It is at the meetings that a plan to fundraise for purposes of buying weapons was made. They also agreed to pay perpetrators and promising rewards “for every PNU supporter killed or property destroyed”.

In his charges, Moreno-Ocampo alleges that Ruto, Kosgey and Sang provided “guns, grenades and ammunition to the direct perpetrators”.

It is the former military officers who advised Ruto on logistical issues, obtained the weapons, and identified financial resources, and mobilised direct perpetrators, according to the DCC filing.

The network comprised of pro-ODM political figures, financiers, media representatives who included Sang, tribal elders, and former army and police officers. “In December 2007, other ODMaffiliated MPs participated in planning and financially supported the attacks, or otherwise participated in preparatory meetings and events in Uasin Gishu and Nandi districts,” he alleges.

It had commanders to oversee attacks in specific areas that had been identified, and there was a hierarchy below each commander. Insubordination was not called for.

Alleged crimes

“From at least 2006 until January 2008, Ruto, Kosgey along with Sang and others, planned to expel individuals, namely members of the Kikuyu, Kamba and Kisii ethnic groups (“later referred to as “PNU supporters”) who were perceived to support other political forces, should these political forces win or rig the 2007 elections,” he claims.

According to Moreno-Ocampo, the network’s ultimate goal was to create a Kalenjin and pro-Kalenjin voting-bloc that would serve their interest in any election.

The prosecutor alleges that crimes occurred in the context of a widespread or systematic attack against members of the civilian population.

The direct perpetrators implemented the network’s policy of attacking the PNU supporters to punish and permanently expel them from the Rift Valley by systematically inflicting fear, killing, looting, burning or otherwise destroying their property.

“The Network achieved its goals by capitalising on existing entities to further their criminal purpose of punishing and permanently driving away PNU supporters by whatever means necessary, including commission of the alleged crimes,” he says.

He says Ruto and Kosgey and other members of the network were aware and accepted that implementing the common plan would, in the ordinary course of events, result in perpetrators attacking the targeted areas and committing the alleged crimes.

“Their contributions of planning and fuel, weaponry, and training ensured that PNU supporters would be physically attacked and permanently expelled from the Rift Valley,” he says.

On Kosgey, the prosecutor says the MP’s awareness and knowledge is demonstrated by statements that financial assistance would be provided for weapons, bows and arrows, transportation and food, or for use for bribes.