Judge's accuser was a witness in Journalist Joshua Sang's ICC case, lawyer reveals

Lawyer Katwa Kigen when he appeared as a witness before the tribunal investigating the conduct of Justice Philip Tunoi yesterday. Kigen has revealed that he had earlier interacted with Judge Philip Tunoi’s accuser, Geoffrey Kiplagat, as he was among defence witnesses in the International Criminal Case (ICC) case against Joshua Sang. (PHOTO: DAVID NJAAGA/ STANDARD)

Lawyer Katwa Kigen has revealed that he had earlier interacted with Judge Philip Tunoi’s accuser Geoffrey Kiplagat as he was among defence witnesses in the International Criminal Case (ICC) case against Joshua Sang, who was his client.

Mr Kigen said that he interacted with Mr Kiplagat in 2014 over the ICC case and not over alleged bribery plot as the judge’s accuser had alleged.

The lawyer told the tribunal investigating bribery allegations against the Supreme Court judge that he knew Kiplagat from as long as 2009, and had recorded a statement in support of Sang, to prove that the radio journalist was preaching peace at KASS FM contrary to charges that had been leveled against him at the ICC.

Looking composed, Kigen said that he met Kiplagat at Panari Hotel, a week before the day he (Kiplagat) alleged they met for recording of a statement.

Justice Tunoi’s accuser had said in his statement that Kigen called him on August 27, 2014 and arranged for a meeting at Lonrho House, an allegation the lawyer said is false.

The lawyer said that Kiplagat was to appear as Sang’s witness at the ICC since they worked in the same media station. He said their interaction was just in relation to the case, although he further claimed that the man on several occasions, asked him for monetary help.

Questioning by the lead counsel Paul Nyamodi: Is Mr  Geoffrey Kiplagat Lelmet known to  you  at all?

Kwatwa: Yes I know Mr Geffrey Kiplagat Lelmet more popularly known as Lelmet. He worked at KASS FM station and as the chair has mentioned, I had a case in ICC where one of the individuals charged was Joshua Sang. Joshua Sang worked closely with Lelmet and for purposes of advancing Mr Sang’s case. I had sessions with Mr Geoffrey Lelmet for purposes of obtaining statements in terms of his relationship with Mr Sang, how Mr Sang conducted his broadcast and generally the procedures at the station.

My meetings with Lelmet included a visit to KASS FM where I would meet him where he was at work and I also recorded specific statements from him and, I have availed to the secretary to this tribunal an affidavit I got from him explaining his relationship with Mr Sang and the type of peace messages Mr sang was making which was a part of the defence we were advancing at the ICC.

That statement was used for purposes of Mr Sang’s defence and so my encounter with Mr Lelmet dates back to approximately the year 2009 and, I know the main focus in regards to the tribunal is up to the date of August 27, 2014 and I dare say that my exchanges with Mr Lelmet went beyond August 27 in context of him being my witness, or rather a witness of Mr Sang.

Tribunal chair Sharad Rao interjects: So you knew him before 2014?

Katwa: Yes. We met in several places. We met at KASS FM as I said, he would normally walk into my office at Transnational Plaza, either on appointment or without an appointment and we sometimes met in other forums and other locations for purposes I needed for the case, yes.

Nyamodi: Now, I had pointed out to you and you have a copy of the affidavit in front of you and Mr Lelmet has made several allegations about you and about certain things you said and did in that affidavit and I just want us to go through the affidavit together and take your responses in regard to those allegations. I want you to turn to paragraph 43 of the affidavit sworn by Geoffrey Kiplagat on November 22, 2014. Are you aware of it?

Katwa: Yes I am aware of it.

Nyamodi: On August 27, 2014 did you call Mr Geoffrey Lelmet?

Katwa: I do not recall whether I called but I clearly recall I met him on August 19, 2014 and at that occasion, I obtained a statement and I was in company of other people for the purposes of ICC proceedings. I also got an affidavit from him unfortunately he signed the affidavit without a date and from August 20, I was looking for him for the purposes of concurring on placing a date and its not impossible that I called him for that purpose and I want to say he has my number definitely.

Nyamodi: I will ask you again, are you able to say if you called him on August 27 and asked him to meet you at a restaurant located in Lonrho House.

Katwa: Like I said I can’t say for a fact that I called him but on 19th I can confirm that I made several calls to him but I can say in absoluteness that I never met him at Lonrho House. I did not call him and I never met him with Mr Kiprop as he said.

Nyamodi: Alright, on paragraph 45 Lelmet states that you gave him a brief and asked about Njeru’s office.

Katwa: That is completely untrue. I have never discussed with Mr Lelmet about Mr Njeru and I don’t even know he knew Mr Njeru if he does.

Nyamodi: Do you understand Mr Lelmet saying the big meeting?

Kwatwa: No

Nyamodi: And this discussion did not take place?

Katwa: This discussion never took place.

Nyamodi: Paragraph 48, that I informed Katwa that Mike was away but the office was available, did he do that?

Katwa: No, absolutely no.

Nyamodi: He then makes an allegation that you called justice Tunoi and you talked to him.

Katwa: That’s untrue. I have never discussed with Lelmet about Justice Tunoi.

Nyamodi: He says that the judge asked him to work with you to expedite everything.

Katwa: That’s completely untrue.

Rao: Have you ever spoken to Justice Tunoi on phone?

Katwa: Yes when there was a need -- his son was looking for pupilage.

Nyamodi: Have you spoken to justice Tunoi when with Kiplagat?

Katwa: No

Nyamodi: Paragraph 49. Mr Lelmet says that you told him that after lunch you would pick him at Kileleshwa after picking the boss, do you recall such a thing?

Katwa: No, it’s not about recollection but am precise no such a conversation took place.

Nyamodi: It’s alleged that things went as usual that Katwa picked me with a Mercedes Benz, was surprised to see the judge at the back.

Katwa: I had Mercedes Benz KBS 300D model E200 that I sold in November 2014. I am also aware that he says...

Rao: Take us slowly; at that moment you had a Mercedes registration?

Katwa: KBS 300D

Nyamodi: What colour was that car?

Katwa: It was white.

Nyamodi: The affidavit goes on that...

Katwa: I wanted to say something with the permission of the chair. I am aware from reading the verbatim reports made by the media that he specifically said that I came with a Mercedes KAP. May I say that I do not own and I have never owned a Mercedes KAP at any time.

Nyamodi: Thank you. He states he was surprised to see the judge at the back seat. Did you on August 27 share your car or share a ride with Justice Tunoi?

Katwa: I have never shared a car with Justice Tunoi.

Nyamodi: Has he ever been a passenger in your car?

Katwa: Absolutely not.

Nyamodi: Was he a passenger in your car as alleged?

Katwa: Absolutely not, but that doesn’t mean that I would be opposed if the judge asks me for a lift.

Nyamodi: He says that now you, Mr Lelmet and the judge are in the car and he says instead of proceeding to Mike’s office, you called Kiprop Chirchir and instead of heading to the office you headed to Petro petrol station near Mike’s office. Do you recall doing such a thing Mr Kigen?

Katwa: It is completely untrue, that’s Mr Lelmet fantasising. On the night of 27th I was not with the judge anywhere as alleged. It is not a point of recollection, it never happened.