Prosecution makes chilling allegations on post-poll chaos

By Evelyn Kwamboka at The Hague and Peter Opiyo in Nairobi

The ICC prosecution team made chilling allegations on Day Two of the confirmation of charges hearing on Eldoret North MP William Ruto, Tinderet MP Henry Kosgey and radio presenter Joshua Sang.

In its bid to push for the charges against the three to go to full hearing, the ICC prosecution team gave a blow-by-blow account of what they have collected on the events prior to and after the 2007 General Election.

Ruto, Kosgey and Sang face charges of murder, forcible transfer of population and persecution.

Judge Ekaterina Trendafilova, Presiding Judge, Pre-Trial Chamber II.

With the International Criminal Court Prosecutor Luis Moreno Ocampo’s absence, a legal counsel from his office, Ms Cynthia Tai, took the floor in a bid to convince the court when the charges should be confirmed.

Tai, who has vast experience in international and human rights law, claimed that a network formed by Ruto, Kosgey and Sang had ex-military top officers manning regions within the Rift Valley Province.

She alleged that the province was divided into three regions with former General Service Unit boss Samson Cheramboss manning the Central Rift, (Rtd) Lt-General Augustine Cheruiyot who served as the Kenya Army Commander during his tenure was in charge of the North Rift while (Rtd) Lt-General John Koech took over the South Rift.

Planning and executing

The Pre-Trial Chamber II was told that the three ex-officers reported directly to Ruto and attended several meetings where plans were made on how to attack people from the Kikuyu, Kamba, Kisii and Luhya communities living in the region.

They also agreed at a later stage to report progress on plans for the attack to Kosgey, twice a week, the Prosecution alleged.

Kosgey, Sang and Ruto sat pensively as Tai told the court how they participated in planning and executing the violence with the aim of maiming, killing and displacing those deemed to be supporting President Kibaki’s PNU from the Rift Valley.

The Court was also told the perpetrators were promised Sh50,000 each for killing a member of the Kikuyu community, as Ruto was accused of dishing out Sh4,000 to each of the attackers during a meeting at his Sugoi home on December 14, 2007.

"When the meeting was over, Mr Ruto gave each of them (perpetrators) Sh4,000," said the prosecution. Giving the money, the court was told, was Ruto’s way of greeting people who had not been in his house.

Prepare for war

Ruto’s lawyers led by David Hooper however poked holes into the prosecution’s allegations, wondering why the Chief Prosecutor had failed to produce in court as evidence phone records made by Ruto and the other suspects.

Earlier on, Ruto arrived in court in the company of his wife Rachel, Bureti MP Zakayo Cheruiyot, Belgut MP Charles Keter and Kenya’s Deputy High Commissioner to The Netherlands, Mr Daniel Koikai.

From time to time, Ruto referred to documents on his table as both the defence and prosecution lawyers made their submissions.

The prosecution also said that at the same meeting of December 14, 2007, Ruto told the attendees to prepare for war and that the war was a Kenyans versus Kikuyu affair and that the election would be rigged.

The prosecution quoted a witness saying how Ruto and Kosgey promised to shield the attackers from the long arm of the law.

"Don’t worry, you will be in power and we will take care of you then," Kosgey is quoted to have told the attackers.

The perpetrators of the post election violence were promised immunity as a motivation to carry out the attacks against President Kibaki’s supporters residing in the Rift Valley, the prosecution said.

Confidentiality

Ruto and Kosgey were accused of managing a network of attacks with a hierarchical order of three generals that monitored and co-ordinated the attacks. Radio presenter Sang, through Kass FM, according to the prosecution, spread the messages of the attacks.

The confidentiality of the witnesses was observed with the prosecution assigning them reference numbers. Earlier, Judge Ekaterina Trendafilova gave directions that the parties should refrain from using anonymous witnesses but instead assign them reference numbers.

She also instructed that the parties should only submit relevant evidence to the case and indicate confidentiality of evidence if necessary.

The influence of Ruto and Kosgey, as Kalenjin leaders, was viewed as having played a big role in the execution of attacks by the network of perpetrators.

"Ruto seemed to be powerful even though he was not contesting the presidency...Kosgey’s authority was subordinate to Ruto and was responsible for the attacks in Nandi Hills. He was powerful because he had money, but Ruto was more powerful than Kosgey," the prosecution quoted a witness’s account of the two suspects.

Attacks from enemies

The Prosecution told the Court that the network had a hierarchy with subordinates and direct perpetrators.

The network identified their targets for attacks and moved around with a gunman leading the group to fend off any attacks from enemies, and that Ruto "supported the military structure by providing logistical support" including supplying guns, the prosecution said.

"These (guns) are not for Mt Elgon, these are for the South Rift," a prosecution witness quoted Ruto as saying. Ruto is claimed to have also called for the expulsion of the Kikuyu from the Rift Valley claiming they had taken their land and oppressed the Kalenjin. The prosecution said this witness account was corroborated by the Human Rights Watch report.

Gain power

HRW also quoted a Kalenjin councillor in Soi saying if elected, he would "remove the roots of the Kikuyu community". Leaders in Nandi, the prosecution said, were asked to meet Kosgey every two days to review progress.

Several meetings were organised to take stock of the operations and the prosecution stated that at one such meeting, somebody dished out "a bundle of notes" said to have been from Mr Ruto and said: "Receive greetings from Mr Ruto, he wants you to fight for your community."

The violence, the prosecution said, was not spontaneous but "occurred as a direct result of organisation to gain power and expel those perceived to be PNU supporters".

"Ruto said those who didn’t support ODM should pack their bags and leave Rift Valley," the prosecution told the court, a sentiment that the court heard was corroborated by another witness.

Over 230 people were killed in Uasin Gishu and Nandi and over 400,000 displaced in the Rift Valley alone, according to the prosecution, which added that 52,000 homes were destroyed in Uasin Gishu alone.

About 1,133 people were killed throughout the country and over 660,000 displaced, in the violence that was triggered by the disputed 2007 presidential poll.

Kalenjin elders also came into the picture, with the prosecution accusing them of planning the violence and that "they conducted blessings to protect the perpetrators" as well as Mr Ruto.

Victims of the attacks were said to have been deliberately targeted and that the attacks in Turbo town were executed from all directions.

A witness claimed he saw two babies killed: "I saw with my own two eyes two babies being slashed."

Supporters

The hearing is scheduled to conclude on September 12 while that of three other suspects, Deputy Prime Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura and former Police chief Hussein Ali will start on September 21.

Kosgey and Sang are accused of using coded words to refer to PNU supporters and target them for attacks and expulsion.

"They said people had to get rid of the weeds. By weeds, Kosgey was perceived to be referring to PNU supporters," said the prosecution.

"Ruto used words that insinuated the Kikuyu were invaders or thieves...Kosgey and Sang referred to PNU supporters as weeds."