By Wahome Thuku
Misconception of certain aspects of Kenyans’ way of life emerged as a major communication barrier during the confirmation of charges hearings at the International Criminal Court in The Hague.
Certain features of Kenya ‘culture’ had to be explained in details during the proceedings due to what appeared to be a misinterpretation by the prosecution.
And that may give reasons for opponents of the ICC proceedings to assert their arguments that the trial should have been conducted in Kenya.
During Saturday’s proceedings, it became apparent that the prosecutor, Cynthia Tai, was speaking at cross-purpose with the witnesses when she was cross-examining them.
The prosecutor, for instance, spent considerable amount of time prodding Mr Samson Cheramboss, the former General Service Unit commandant, to tell the court where he was in December 2007.
The witness repeatedly stated that he was "at home" in Aldai, but the prosecution appeared to understand that to mean that he was inside his house during the entire period.
In Kenya, reference to home does not just mean homestead but a certain region, especially to those who have migrated to urban areas.
On her part, Judge Katerina Trendifilova had to seek clarification on what Cheramboss meant by "negotiations in 2008." Incidentally, the witness was referring to talks that led to the formation of the Grand Coalition Government.
A Kenyan judge would also seek a similar clarification, but for the record.
When witness Kiprono Murei said he knew Ruto as a member of the YK92, the interpreter repeated that the witness said he knew Ruto when he joined the Government.
It’s common knowledge in Kenya that YK92 was not a Government entity but a youth wing set up to help Kanu win in the first multiparty elections in 1992.
Lawyer Kioko Kilukumi also had to take Murei through the definition and the working of Constituency Development Fund and security committees in Kenya, lest the court misunderstands them as applying to the post election network.
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