THE first prosecution witness against Deputy President William Ruto and journalist Joshua Sang arrived at The Hague on Thursday evening ready.
Witness 536, like the other first ten prosecution witnesses, will try to help the judges understand the motive of the Kiambaa church attacks, how they happened and their political context.
On Tuesday, the witness will describe the Kiambaa church arson attack on January 1, 2008 that led to the death of between 17 and 35 people.
"The first Prosecution witness, Witness 536, will testify about this incident. In the slide currently before the Chamber, you can see the remains of bicycles which amongst other objects were used to barricade the doors of the church," the prosecution told the ICC judges this week. The second witness, P-464,is a European based expert who will describe the historical roots of the violence.
Sociologist Herve Maupeu will describe the likely causes of the 2007/8 post-election violence but will not give evidence on the roles that Ruto and Sang allegedly played.
"In order to understand the accused's motive and opportunity to commit the crimes for which they are charged, it is necessary to have an insight into the political and historical background against which these crimes were committed, including the Kenyan political environment," the prosecution said.
The Prosecution will then call two political overview witnesses, Witnesses 326 and 323, to provide further insights on the perceptions of the Rift Valley population.
The first witness is a woman who was a victim of the Kiambaa fire and who was the cause of the adjournment last week until next Tuesday.
Her delayed arrival is attributed to a last minute change in the prosecution witness list after the first three witnesses withdrew.
During the hearings on Wednesday, Ruto's lawyer Karim Khan protested the delay."There's been previous orders of the Court regarding the Defence entitlement to have at least the next ten witnesses in order. Because the first three witnesses have withdrawn, we don't know who are going to come," Khan said.
One witness, who withdrew last week, lost his father and brother in the Kiambaa fire but said he was no longer willing to testify as he had no recollection of Ruto and Sang organising the violence or inciting people.
According to the prosecution, Ruto and Sang were part of a network that organised and fundraised for the attacks, allegedly carried out by Kalenjin youths.
The prosecution says that attackers, sent by Ruto and Sang, barricaded the victims inside the Kiambaa church and set it on fire and many occupants were trampled to death, or burnt alive. It adds that others who managed to escape the flames were hunted down and hacked to death.
In an attempt to distance Ruto and Sang from the incident, lawyers Khan and Katwa Kigen this week played media broadcasts of their clients calling for peace.
Khan showed a video of Ruto addressing the media calling for peace and calm after the Kiambaa fire. Kigen played a radio broadcast of Sang telling the Kalenjin community that people should codemn the attack on a church.
Other witnesses will testify how large numbers of Kalenjin youths were ferried into certain locations by lorries. Witnesses will also identify members of the alleged network as leading the attacks in Turbo town, Kimumu, Kapsabet town and Nandi Hills.
Others will testify that network members provided transport, food and refreshment to the attackers. The prosecution will argue that at least 200 people were killed as a result of these attacks.
Meanwhile a family in Naivasha has accused the ICC of holding their son against his wish. The family is accusing the ICC of coercing their 44 year old son to testify in the post election violence cases despite his calls to pull out.
In 2011 the father of three and his family left the country without informing them. The family, who wished to remain anonymous, said that he called last week saying that he wished to return home.
“He called us last week saying that he was among those listed to testify next week but his phone was disconnected before he could avail more information,” said a relative.
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