Sunday, September 4, 2011

Ruto's witnesses testify


By Evelyn kwamboka at The Hague and alex ndegwa in Nairobi

Eldoret North MP William Ruto put up a spirited battle to dispel allegations of crimes against humanity at the International Criminal Court through two witnesses.
Ruto’s defence team sought to discredit the Prosecutor’s evidence and convince the judges to drop the case at the Pre-Trial stage.
Former Presidential Escort Commandant Samson Cheramboss and Ruto’s neighbour at his Sugoi home, Henry Kiptoo Murei, testified in his defense during the third day of the confirmation of charges hearings at The Hague-based court.
Eldoret North MP William Ruto (right) and radio presenter Joshua Sang leave the ICC Building on Friday. Photo: Evans Habil/Standard
The two denied Ruto hosted meetings in 2007 to plan attacks against PNU supporters, a day after the prosecution made chilling allegations against Ruto, Tinderet MP Henry Kosgey, and Kass FM journalist Joshua arap Sang who face crimes against humanity cases.
In a break from the monologue witnessed in the first two days of the pre-trial hearings, the first defence witnesses to take the stand on Saturday endured harsh grilling from the Prosecution counsel Cynthia Tai.
Tai pressed Cheramboss on his paramilitary training, and circumstances in which he was contacted to testify at The Hague.
There was drama as the prosecution pressed Cheramboss on how he came to be a witness for Ruto.
Cheramboss, who served as commandant of the paramilitary General Service Unit between 1999 and 2002, and whom the prosecution alleges participated in planning the attacks, became the first witness to testify on the Kenya case at the ICC.
Cheramboss, 64, denied he ever attended meetings at Ruto’s Sugoi home, where the prosecution alleges the plot to attack and evict PNU supporters was discussed and also rejected claims he distributed guns to attackers.
Falsehoods
Led in his testimony by Ruto’s lawyer Kioko Kilukumi, Cheramboss said he "rarely" met Ruto after his retirement and said the former minister only visited his home on June 26, 2010.
"I have never stepped in his compound or been to his house," Cherambos said, explaining his home is about 130km from Ruto’s.
Asked by Kilukumi about a claim that he attended a meeting at Ruto’s home in 2007, he responded: "Those are falsehoods. I have never been to Ruto’s place."
He told the court he first met Ruto in 1997, when he was elected MP.
Cheramboss, who said he was GSU commandant for "three good years," was pressed by the prosecutor to explain his training at the crack unit.
Specifically Tai asked Cheramboss to explain the GSU training on securing safe passage of roads, erection of roadblocks, and redeployment of troops.
Asked by the prosecutor to explain when he first learnt he had been adversely mentioned at the ICC, Cheramboss initially said he could not remember the exact dates, but it was after the 2008 peace talks.
Pressed about when he became privy to the statement alleging he hosted planning meetings, Cheramboss responded he had "confirmed this year" even though there had been rumours, much earlier.
After further prodding he admitted Katwa informed him the ICC had implicated him in the violence "last month, but I don’t remember the exact date".
Cheramboss said he had no recollection of how many times he had spoken to Katwa on the matter. "Perhaps twice on some day on telephone," he said, prompting the prosecutor to pose whether he did not consider the ICC date an "important event".
He insisted as a Christian he had volunteered to testify and that nobody had coerced him.
The prosecutor on at least three occasions cautioned the witness to respond to the questions put to him, rather than anticipating questions.
Samson Cheramboss
Kiprono, a member of the committee for peace in Eldoret West, admitted he personally spoke to Katwa at his offices mid this year.
Lawyer turn judge
Katwa was ordered to turn over the written testimony statement made by the witness and one prepared by Katwa and signed by him to the court.
Katwa undertook to submit the statement by Wednesday, as they were in Nairobi. He said a lawyer, who has since been appointed judge, recorded the statement.
Kiprono said he attended four meetings at Ruto’s home ahead of the 2007 General Election, but said none of the generals was present.
"There were no guns distributed to the population for it is forbidden for civilians to carry guns," he said.
At the same time, Tinderet MP Henry Kosgey, who has avoided publicly commenting on the case, broke his silence on Saturday.
Kosgey, who walked out of the court after Ruto’s witnesses had testified, said he was confident the process was going on well.
Henry Kiptoo Murei

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