I didn’t incite due to broadcast ban, says journalist Joshua Sang

By Wahome Thuku

Kenya: The ban on live television and radio broadcasts in the wake of the 2007-2008 post-election violence has come in handy for the defence team in the case against radio journalist Joshua arap Sang.

Sang is using the ban imposed by the then Internal Security minister John Michuki to prove that he could not have continued with live broadcasts in which he is accused of having incited people in the North Rift to engage in violence.

The allegations that Sang used Kass FM, which broadcasts in the Kalenjin dialect, to mobilise youths to go to the streets and hold meetings, was made by witness 442 at the International Criminal Court (ICC).

The witness, a woman from Kapsabet, claimed she listened to the radio station soon after the voting and in January and February 2008.

Played several clips

While cross examining the witness, lawyer Katwa Kigen – for Sang – played several clips in which Mr Michuki was reported to have announced the ban on all live broadcasts on December 30, 2007, shortly after the announcement that Mwai Kibaki was the winner of the presidential elections.

The ban was to forestall more chaos as vernacular stations were said to be inciting their listeners, especially ODM supporters.

Among those who supported and explained the temporary ban were the then Government Spokesman Alfred Mutua and Communications minister Raphael Tuju. The move was, however, condemned by media owners led by their chairman Wachira Waruru.

The witness identified all the personalities in the media clip but could not recall hearing them making the remarks. She was taken to task to explain whether the ban on the broadcast was in 2006 or 2007.

Alleged incitement

The witness, however, said she was not aware of the ban in 2007. She said she could only remember in 2006 when Kass FM was shut down by the Government for alleged incitement.

“I was travelling from Eldoret when the shut-down was announced. Some women in the matatu shouted, “Ambieni huyo mjinga wenu afungue radio (tell that fool of yours to re-open the station)!”. This was in reference to President Kibaki.

The witness said the shutting down of Kass FM in 2006 was a follow up of a Government declaration that all vernacular radio stations inciting listeners would be shut down.

This followed the November 2005 constitution referendum.

The witness maintained that she continued listening to Sang mobilise Kalenjin youths to demand their rights.

She told Trial Chamber V(a) that Sang told his listeners that the election had been rigged.

She said she heard Sang mobilising residents of Kapsabet to go for a rally organised by local civic leader Elijah Lagat.