I have never been to Ruto's house, Cheramboss tells ICC

By Wahome Thuku

Former Presidential Escort Commandant Samson Cheramboss became the first witness to testify on the Kenyan case before the International Criminal Court at The Hague.

Cheramboss, who concluded his career in the police force as General Service Unit (GSU) commandant, dismissed allegations the 2007 post-election violence was planned.

He also denied ever holding any meetings with Ruto, Kosgey and former Deputy Chief of Staff Lt-Gen (Rtd) John Koech and former Army Commander Lt-Gen (Rtd) Augustine Cheruiyot in November and December 2007 to plan the killings and displacement of people as the prosecution alleges.

Cheramboss said the only time that Ruto ever stepped in his home in Aldai Constituency was a ten-minute stopover on June 26, 2009.

Mr Samson Cheramboss. He is Eldoret North MP William Ruto’s witness at the ICC. Picture: File/Standard

Although he appeared for Ruto as a witness, Cheramboss told the court that he had voluntarily initiated the wish to testify after confirming he had been implicated.

Of critical importance to the prosecution are three meetings that he is said to have held with Ruto and Kosgey, among other members of the network, on December 6, 14 and 16, 2007.

His testimony, which was not rebutted by the prosecution on Saturday, now puts the onus on the Prosecutor Luis Moreno-Ocampo to prove otherwise by adducing evidence to the contrary.

Presiding judge Ekaterina Trendifilova took the former GSU boss through the court procedures and what was expected of him as witness.

She briefed him on Article 69 (1) and rule 66 of procedure of making solemn undertaking to tell the truth.

Cheramboss then took oath at 11.17am Kenyan time, undertaking to tell nothing but the truth.

He first told the court that he is a Nandi, born in Nandi District in 1947 and is married with six children. Currently, he is a farmer and small-scale businessman.

Cheramboss said he joined the police force on August 1, 1965 and rose through the ranks to become Senior Deputy Commissioner of Police. In 1999, he was moved from the position of Presidential Escort Commandant to head the General Service Unit. He retired on August 31, 2002, just four months before Mwai Kibaki took over as third President.

Thereafter, Ruto’s lawyer Kioko Kilukumi put the question that set the ball rolling:

Kilikumi: Do you know William Ruto the gentleman seated next to me?

Cheramboss: I first got to know Ruto when I was still in the police force. In 1997, when I was the Presidential Escort Commandant, he was elected MP for Eldoret North and he later became minister.

Kilikumi: Have you been in contact with Ruto since 1997?

Cheramboss: Occasionally, when I was still serving in the force.

Kilukumi: After your retirement in 2002, were you in contact with Ruto?

Cheramboss: Rarely.

Kilukumi: Have you ever been to the home of Ruto?

Cheramboss: I have never ever stepped in his compound or in his house at any given time.

Kilukumi: How far is your home in relation to Ruto’s home in Songoi?

Cheramboss: It’s about 130km.

He further said he had known Tinderet MP Henry Kosgey long before he knew Ruto.

"Henry comes from Tinderet Constituency, which is about 37 kilometres from Aldai," he said.

The witness informed the court he first heard about Mr Joshua Sang three years ago as a broadcaster on Kass FM and he met him last year.

Cheramboss further told the Chamber that the only time Ruto has been to his house was on June 26, 2009.

"Ruto was then coming from a function at Fr Mayer Secondary School. I told him to come and see where I live and he came at 3pm."

He added the area county council chairman, a Mr Ruto, accompanied him and they were hosted by his wife and children. Cheramboss said he was not and had never been an official in any political party.

Ocampo’s assistant Cynthia Tai cross-examined him in details on the GSU, its training and command structure, and his own training.

Prosecutor: Is the GSU recognised as an elite hit squad?

Cheramboss: It’s a unit in the police force in Kenya.

Prosecutor: Does it have specialised training.

Cheramboss: Yes. It’s a wing used by the Government when we have stock theft raids, riots and for security along borders.

Prosecutor: What type of training does it undertake?

Charamboss: Police and paramilitary, protection of life and property and maintenance of law and order.

Prosecutor: What type of training did you receive?

Cheramboss: I was trained as a police officer inside and outside Kenya.

Prosecutor: Were you trained on the use of weapons?

Cheramboss: As a paramilitary, definitely I was trained on weapons.

Prosecutor: What training did you receive in respect to weapons?

Cheramboss: Use of small arms, pistols, grenades, G3, AK47 up to a limit allowed by the law.

The witness said he was also trained in organising roadblocks and deployment of troops. He said he first learned of the ICC case after the 2008 negotiations that brought in the coalition Government.

He first heard rumours that he had been implicated in the violence as a commander but only confirmed the true position this year.

Prosecutor: How did you learn that you had been identified as a participant?

Cheramboss: It was in papers.

Prosecutor: Did you discuss with anyone?

Cheramboss: No.

Prosecutor: What did you do when you learned?

Cheramboss: I spoke to the advocate and on inquiry, I was told I had been mentioned.

Prosecutor: What is the advocate’s name?

Cheramboss: Katwa Kigen.

He said he spoke to Mr Kigen when making his statement last month. He said on getting information of his involvement, he contacted Katwa and volunteered to give evidence before the ICC.

Asked if he discussed the ICC case with other people, he said he always discussed what had been published in the Press. Cheramboss said he had heard that Ruto’s home is in Eldoret North but could not describe it. He denied having ever attended a meeting at Sirikwa Hotel in Eldoret in November 2007.

Pushed by the prosecutor to explain where he was on those three days, he said he was at his rural home in Aldai Constituency.

Prosecutor: Who were you with?

Cheramboss: I did not keep diary but to my recollection I was at home.

Prosecutor: With whom?

Cheramboss: When I say home, I don’t just mean my house, it could be business place.

Prosecutor: Do you remember who you were with?

Cheramboss: No.

It’s during further examination by the court that Cheramboss talked of having met Ruto at Kaptumo Trading Centre in 2007 before the elections. He said Ruto was then criss-crossing Aldai Constituency seeking for votes to win ODM leadership in party primaries.