Witness: Ruto called for eviction of ‘outsiders’

The second prosecution witness in the case against Deputy President William Ruto on his second day at the International Criminal Court was at pains to link the 2008 post-election violence to historical land injustices.

The witness told the ICC how Deputy President William Ruto asked for the weeding and uprooting of “outsiders” from the Rift Valley so that their land could be given to the landless residents, calling them hyenas at a rally in Kitale that was also attended by top ODM luminaries including party flag bearer Raila Odinga.

The witness, who will continue giving his evidence in public unless the court directs otherwise, told the trial chamber how the political alignment and realignment in the run-up to the 2007 General Election revolved around emotive factors of tribalism and land. Here are excerpts.

Judge: Do you know what the predominant issues were in terms of pressing campaign issues for the Rift Valley region in 2007?

Witness: ODM was dealing with major problems touching people on the ground so if it was North-eastern it was water; they were touching an area as per the needs of that area. At rallies at Uhuru Park and Kitale, Musalia Mudavadi, Najib Balala, Charity Ngilu and William Ruto addressed the crowds.

Judge: Bearing in mind what you have told us earlier about Mr Ruto being responsible for Rift Valley, do you recall what the composition of that attendance was, the people that attended because this rally was in the Rift Valley?

Witness: It was in the Rift Valley, ODM as a party had like 90 per cent support. So majority of people present were ODM supporters and I can say that a specific tribe attended ODM.

Khan:  Sorry, I think he should clarify. Did the witness say he can say or can’t say a specific tribe attended?

Judge: I am actually getting there in a minute myself. Let’s start with ODM support. You have said in your response that ODM had like 90 per cent support. Are you saying that amongst the inhabitants of the Rift Valley, ODM had about 90 per cent support, is that your testimony?

Witness: Yes, that is the way I can rate the ODM support in Rift Valley.

Judge: Then you went on to say it was also known to be a home turf for ODM, what do you mean by that?

Witness: I mean it was their stronghold.

Prosecutor: Let’s look at the rally itself. You have talked about those who were present among the Pentagon members. Did Mr Ruto eventually speak at that particular rally?

Witness: Yes, Mr Ruto spoke.

Prosecutor:  Do you recall what he said?

Witness: I can recall. He talked about the ODM party and what it will do for the people of Trans-Nzoia and Rift Valley in general. He said Rift Valley people should vote for ODM because the party had a good manifesto. He said the party was going to deliver true leadership and solve people’s problems. He said the landless were also going to be resettled. He also said those people who have illegally acquired pieces of land have to return it so that the landless can be resettled. And he welcomed ODM members in that area and gave the ODM flagbearer to talk.

Judge: Do you recall the response or reaction of the people who attended the rally?

Witness: They were cheering him. They sounded happy.

During his testimony, the witness dwelt on the chronology and highlights leading to the formation of the Orange Democratic Movement (ODM-K) and the subsequent breakaway as he billed his account of Kenya’s darkest period in recent times.

He said politics of betrayal and suspicion fuelled the political alignments and realignments among top ODM-K luminaries in the run-up to the 2007 General Election.

The witnesses gave a chronological account of how former Vice-President Kalonzo Musyoka connived with Dan Maanzo, then ODM-K chairman, to secretly  ‘run away’ with the initial ODM-K party registration certificate at the last minute to frustrate and lock out his political archrivals, including Raila Odinga.

According to the witness coded Number 326,  Kalonzo used his Ukambani influence to convince Maanzo, then the registered chairman of ODM-K, to secure the party certificate as the deadline for registration of parties approached. This was aimed at leaving Raila and his allies without a party.

The witness told the court that former Vice-President Kalonzo Musyoka and his running mate in the 2007 General Election, Labour Party leader Julia Ojiambo, were apprehensive of democracy prevailing if they offered themselves for a joint presidential nomination with other ODM luminaries.

According to the witness, Raila used former minister Joseph Nyaga to convince Nairobi lawyer Mugambi Imanyara to provide a registration certificate of the original ODM-Kenya after the battle for control of the party symbols ended up in court.

While shedding light on the post-election violence link, the witness provided a sketch of the leadership structure of ODM, saying the movement was led by the Pentagon, which he said was a group of regional kingpins.