Ruto's lawyer says violence was spontaneous

By Joylene Sing’oei

Wiliam Ruto's lawyer Mr David Hooper has strongly discredited International Criminal Court (ICC) Prosecutor Louis Moreno Ocampo’s evidence on charges made against Ruto.

Mr Hooper referred the Court to a video transcript as he begun the defence to prove that the violence was spontaneous and not organized by his client as alleged by the prosecution.

Hooper said Prosecutor Ocampo failed in his duty of investigations since he did not probe incriminating and exonerating circumstances equally.

Defence at the opening of the confirmation of charges hearing in the case on September 1 2011. William Ruto’s lawyer David Hooper says there is no sense in Ocampo’s allegations.[PHOTO: ICC-CPi/Bas Czerwinski]

Hooper said the evidence given was one-sided and biased. He reiterated that violence erupted countrywide and it was not only experienced in the Rift Valley.

He said the post-election violence was spontaneous and made arguments to support this claim.

Hooper said details of public meetings purported to have been held before attacks had been redacted.

" We do not have any exonerating statement. Is it that none could be obtained?", he posed. "That is not the case. It would have been easy to approach people in the Rift Valley to get such information. This is basic staff"

He also added that witnesses who gave evidence to the Kenya National Commission of Human Rights (KNHCR) have recanted their testimony and said they lied under an oath. He referred to a local newspaper headline "We were paid to nail Ruto".

He also questioned statements given as part of evidence against his client. "Why are many statements so stand alone?"

No evidence is supportive of the meetings, no receipts or records of money transfer, no minutes of meetings. And this is an investigation at an international level?" he inquired.

He continued: More vague statements. "capitalising on existing entities in the Rift Valley" ODM figures, media representatives, financiers, local leaders" Who are they?".

He said the prosecutor's evidence came only from a handful of witnesses and raised concern for the defence. He also raised concern on the credibility of having the prosecution read the statements of their witnesses rather than having the witnesses make the statements.

"Oral testimony is of a different nature due to cross-examination and easy to examine the demeanor of a witness"’ he said.

Ruto's defence further said though it is acutely aware that the hearings are not a trial, there is cause to worry about defamation since Ruto was a presidential candidate in 2011 polls.

The ICC prosecutors told the Pre-Trial Chamber on Friday that Eldoret North MP William Ruto, his Tindiret counterpart Henry Kosgey and radio presenter Joshua arap Sang organised and funded a network that executed attacks in Rift Valley during the 2007 General elections.

Those attacked were perceived Party of National Unity (PNU) supporters.

The prosecutors further alleged that the three ignited tensions in the Rift Valley. They also told the court that Kalenjin attackers who killed Kikuyus in the Rift Valley were paid Sh50,000 each and were promised land after the 2007 elections. They were also told to attack fearlessly and promised immunity if Orange Democratic Movement took power after elections.

The prosecutor claims Ruto was the head of an organised hierarchical network that was used to attack members of the Kikuyu, Kamba and Kisii communities who were later referred to as PNU supporters.

It is also alleged Ruto secured arms for the attackers recruited in the network. The attackers identified Kikuyus who were killed and their homes destroyed.

Prosecution claims the three suspects organised and coordinated attacks with the help of former Kenyan military officers and police.

According to the prosecution, Ruto was the head and Kosgey though a key player too, was under Ruto. They claim Sang used Kass FM radio shows to incite Kalenjins against Kikuyus and other pro-PNU supporters and coordinate attacks in identified areas.