ICC witness ‘rehearsed lies to tell court’, says lawyer Karim Khan

Deputy President William Ruto’s lawyer Karim Khan. [PHOTO: STANDARD/FILE]

By MWANIKI MUNUHE in The Hague

Deputy President William Ruto’s lawyer Karim Khan has accused the ninth witness of giving a false story.

Khan commenced his cross-examination by alleging that the witness had continuously gone through the transcripts containing his testimony with a view of lying.

He told the court that the witness went through his transcripts for long hours between January 7 and 14.

“On the January 9 and 10, you sat with the prosecution, didn’t you?” posed Khan.

“Yes your honour,” responded the witness.

“On January 10, you spent about an hour-and-a-half going through your transcript, on the January 14 you read the transcript for the day, is that right?” Khan asked, to which the witness responded, half day.

Khan, who spoke for less than 10  minutes before asking to proceed with the cross -examination in private session, further said: “Witness, I don’t want you to misunderstand me. I put it to you that the reason you expressed such deep interest in getting access to your transcripts was because you were trying to remember a false story other than recall truthfully an event that took place.”

However, the witness denied asking access to the transcripts containing his testimony for purpose of telling a false story.

Khan equally sought to dismiss witness’ allegations that Koitalel arap Samoei , a renowned freedom fighter, was killed by fellow Kalenjins.

The witness had indicated in his testimony that Koitalel was believed to be a king amongst the Kalenjin community who was executed with the aid of fellow tribesmen who were traitors working closely with the colonial government.

But Khan dismissed this theory saying Samoei was, in fact, brutally murdered by a British Colonel Richard Meinertzhagen.

Khan told the court that unlike the testimony by the witness, Samoei was killed under the cover of a peace meeting which had been called by the British government and his head sent to London for examination ostensibly to establish why he had been such a good military strategist.

But Khan went into private session less than 10 minutes after commencing his cross-examination.

Earlier, Katwa Kigen, the counsel for Ruto’s co-accused Joshua arap Sang had equally sought to dismiss the witness’ testimony that the Kalenjin Council of Elders was constituted before the 2007 General Election.

Kigen played several audio records which had been recorded after the General Election and some of which the witness confirmed to have knowledge of.

He argued that the said council was constituted in September 2009 and not before the 2007 elections.

Kigen, while playing an audio recorded during the inauguration of the Council of Elders, said the council had no political interest and that the name of Deputy President William Ruto did not feature at the event.

However, the witness held onto his argument saying the process of putting together the council of elders had commenced before the end of 2007.

“My answer is that although this was in September 2009, it was a journey that had started,” said the witness.

Khan is expected to proceed with his cross-examination Friday.