By Wahome Thuku
Deputy President William Ruto allegedly told ODM supporters in Eldoret to root out those opposed to the party in the area ahead of the December 2007 elections.
The fourth witness at the ICC said he heard Ruto tell a crowd in Eldoret to remove madoadoa (spot marks) in the area, who were not in good terms with the leadership. Here is part of the witness evidence.
Prosecutor: My first question is, what language is madoadoa?
Witness: Madoadoa is a Swahili word.
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Prosecutor: Can you explain to the court what it means in English?
Witness: It simply means, if for instance a piece of paper is white colour and it’s dotted with blue dots, green dots or yellow dots, these are normally referred to as madoadoa against a white sheet of paper.
Prosecutor: Explain to the court the significance of this term as was applied to the Kikuyu in your area.
Witness: In my view, this refers to Kikuyus as having inhabited area or land belonging to the Kalenjin.
Prosecutor: What was to become or what should be done to these madoadoa?
Witness: Usually if one is to return the colour of the white paper in its original colour you have to do all what is necessary to wash or to clear the madoadoa and remain with original colour of the paper.
Prosecutor: Besides this term madoadoa, was there other derogatory terms used for either party?
Witness: There was also another name used by Kalenjins also referring to Kikuyus.
Prosecutor: What was that term?
Witness: That was kwekwe.
Prosecutor: Explain what language that is and then the English meaning.
Witness: Kwekwe is also a Swahili word. In English it simply means weeds growing against the plants in the land.
Prosecutor: What was to happen to these kwekwe, these weeds?
Witness: Usually to a farmer when kwekwe grows in his land, the only way out is to uproot the weed so as to leave the farmer’s plants to grow well.
Prosecutor: Please tell the court when and where you heard these terms being applied to Kikuyus in the Langas area?
Witness: This came about three months to the elections.
Prosecutor: Who did you hear using these terms?
Witness: Well our political rivals used these words to refer to the Kikuyu.
Prosecutor: Who are you referring to when you mention your political rivals?
Witness: By that I mean, we as the Kikuyu, we were in a different political party and Kalenjins were in a different political party.
Prosecutor: And which political party were the Kalenjins in?
Witness: Kalenjins were all allied to the ODM party.
Prosecutor: Did you ever attend or were you ever present at ODM rallies or events where ODM leaders were speaking?
Judge Osuji: Prosecutor, to complete this exercise, I believe the witness yesterday also testified that there was also pejorative terminology. Can you also explore what the Kikuyu called the Kalenjin. Can we also do an exercise in that regard, what it means and all that?
Prosecutor: You also mentioned there was a term used by the Kikuyu to refer to Kalenjins and correct me if I mention it wrong, Gacurie, is that correct?
Witness: Gacurie.
Prosecutor: Is that also a Swahili word?
Witness: No
Prosecutor: What language is that?
Witness: That is also a Kikuyu language.
Prosecutor: And what does that mean in English?
Witness: It simply means hanging up.
Prosecutor: Can you explain the significance of that name as it was applied to the Kalenjin?
Witness: If I may explain, in Kalenjin culture, they used to cut their ears and they would hang that part over the remaining part. That in Kikuyu language, putting over that part to the next one we call it gucuria.
Prosecutor: Can I then take you back to my previous question relating to whether or not you had occasion to attend or to be present at any rallies or speeches made as part of the ODM political campaign.
(Judge questions if it’s safe for the witness to proceed with evidence. Court goes into private session. On resuming)
Witness: People were campaigning for their party or their candidates. The politicians had to embark on political tones trying to insist and request the people of Eldoret to vote for the party they were campaigning for.
Prosecutor: Did either of the persons you have mentioned speak at the time?
Witness: Yes, as demanded by the public, they had no option but to address the crowd that had blocked the road to where they were going to.
Prosecutor: Who addressed the crowd?
Witness: Mr William Samoei arap Ruto, did address the crowd.
Prosecutor: What specifically did you hear Mr Ruto telling the crowd?
Witness: The specific words that I heard from Mr Ruto, he told the crowd and the people present that time had come for the people in that area to show their true colours and do all what is necessary and what is available to make sure the madoadoa are removed, because the people, referred to as madoadoa were not in good terms with the area residents because of the political affiliation.
Prosecutor: Whom did you understand Mr Ruto to be referring to when he addressed as madoadoa?
Witness: As I have earlier stated, the madoadoa phrase was mainly used to refer to the Kikuyu who had migrated to Eldoret.
Prosecutor: Mr witness, what language was Mr Ruto speaking when he said the words you have just recounted for the court?
Witness: Mr Ruto was using Kiswahili language as he does in most of his meetings.
Prosecutor: If as you testified this what you have characterised as derogatory term, why do you think he would be using the Kiswahili language and not his mother tongue.
Witness: He was using the Kiswahili language for the people who were at that particular gathering which included Kikuyus to understand his message.
Prosecutor: Why should the Kikuyu understand his message?
Witness: Well it had become obvious that the Kikuyu in that area during that particular time were not supportive of the party that Kalenjins were supporting.
Prosecutor: Besides this occasion, were there other occasions when you heard these terms being used, madoadoa and kwekwe.
Witness: Well after that, the Kalenjin people would repeat these words most of the times when they met with the Kikuyu or during political discussions.
Prosecutor: Do you know how Mr Ruto at the time was regarded by the Kalenjin inhabitants of Eldoret?
Witness: Mr William Samoei arap Ruto, is highly regarded, has a lot of respect and his words are taken highly, and highly regarded by his people.
Prosecutor: What do you mean that his words are taken highly, can you explain further?
Witness: If Ruto suggests or if he shows his people where he is heading to, people in that area, the Kalenjin people, take Mr Ruto seriously and normally no one would like to go against his directions.
Prosecutor: When Mr Ruto addressed the crowd, where was he?
Witness: He was riding in an open motor vehicle.
Prosecutor: What sort of motor vehicle?
Witness: I couldn’t know the make of the motor vehicle but it was a big vehicle with an opening on the roof so he was standing.
Prosecutor: Do I understand he was standing in this hole in the roof addressing the crowd?
Witness: Yes.
Prosecutor: Finally, are you able to clarify approximately the date of this incident?
Witness: I’m sorry I can’t recall the exact date but it was just a few months to the election time
Prosecutor: You said a few months before the election time?
Witness: Yes
Judge: Do you have the year?
Prosecutor: Yes, which election are we talking about, which year
Witness: We are talking about the election of 2007.
Prosecutor: Are you able to tell the court something about the relationship between M Jackson Kibor and Mr Ruto?
Witness: One is that Mr Jackson Kibor is a Kalenjin, two Mr Jackson Kibor was a stunt member of the ODM party, which was also Mr Ruto’s party then, and Mr Jackson Kibor is a prominent farmer in Uasin Gishu.
Prosecutor: Can you comment on his financial means?
Witness: Not really but he is very rich.
Prosecutor: Besides being a farmer, do you know of any other business operations he is involved in?
Witness: No.
Prosecutor: Is it correct that you cast your vote in the December 27 elections?
Witness: Yes.
Prosecutor: Is it correct that after that you visited various polling stations?
Witness: Yes.
Prosecutor: And you visited approximately 10 polling stations; correct?
Witness: Yes.
Prosecutor: What constituency or area were these?
Witness: These were in Eldoret South constituency, and in Langas ward.
Prosecutor: On December 28 and 29, the area was still calm; correct?
Witness: Yes, on 28th the area was calm.
Prosecutor: During that time, 28th and 29th, the election results had not been announced; correct?
Witness: Mostly the presidential votes had not been announced.
Prosecutor: What was the attitude of ODM and PNU to the delays in the announcement of the results?
Witness: Well, I can say especially on 29th, people were now anxious and were asking why the delay of the presidential results.
Prosecutor: Official announcement of the results was on December 30, but prior to that can you comment on any rumours that were circulating regarding the presidential results?
Witness: During December 29, some time in the afternoon there were rumours, not official, but rumours were circulating that the PNU presidential candidate had won the elections.
(Goes into a private session)
Prosecutor: What did you find when you returned home?
Witness: I found our houses had been set ablaze.
Prosecutor: By who?
Witness: By our rivals.
Prosecutor: Who were your rivals?
Witness: The Kalenjin.
Prosecutor: How did you know it was the Kalenjin?
Witness: There were no other people whom we were competing with, and who had been against the Kikuyu people from the beginning of that year’s campaigns.
Prosecutor: Could you tell the court, please, what you personally saw, what you observed when returning from the centre to your home?
Witness: I had observed Kalenjin warriors, about 10 or more; I didn’t have time to count them, a few metres from my house.
Prosecutor: Where were you when you observed this group?
Witness: I was at my house, at the gate.
Prosecutor: Where was the group when you observed them?
Witness: The group was about 200 metres away from my house.
Prosecutor: Can you describe this group of Kalenjin warriors in terms of age, appearance, dress etc?
Witness: They appeared young men, between the ages of 18, 20, 21, they had no clothes on the upper shoulder, they had tied their T-shirts on their waists. I could see bows and arrows.
Prosecutor: Where could you see the bows and arrows?
Witness: They had them with them.
Prosecutor: You are referring to the Kalenjin warriors?
Witness: Yes.
Prosecutor: The fact that these Kalenjin warriors had their T-shirts tied around their waists, what was the significance of that according to your knowledge?
Witness: When Kalenjins are dressed in that manner, it means war.
Prosecutor: What makes you say that, how do you know that?
Witness: I have lived among them for a number of years and normally, they are never dressed that way unless there is war.
Prosecutor: Has there ever been another occasion when you have seen Kalenjin youth dressed in that manner either personally or in the news or pictures or anything like that?
Witness: I have never witnessed with my own eyes but through pictures and the newspapers and television.
-Compiled by WAHOME THUKU