ICC expert witness explains genesis of ethnic conflicts

By WAHOME THUKU

Kenya: The International Criminal Court (ICC) was Tuesday treated to a day-long narrative on the history of the political and ethnic violence in Kenya.

French socio-political scientist Herve Maupeu gave the court a detailed historical perspective of the ethnic conflicts, particularly in the Rift Valley, which he said were common during the election period since 1990.

Prof Maupeu was testifying on the second day in the trial of Deputy President William Ruto and journalist Joshua arap Sang in The Hague, Netherlands.

In another development, Trial Chamber V(a) gave its written reasons why it excused Mr Ruto last year from attending some sessions of the proceedings.

The Chamber said it was satisfied that Ruto qualified to be excused from part of the proceedings and that his rights would be fully taken care of in his absence.

The judges explained why it had rejected a proposal by the Prosecution that Ruto should delegate some of his duties to other officials to enable him attend court.

“No legal basis for such a proposal has been presented,” the judges said, adding that the proposal was inconsistent with the Prosecution’s contention that only the extraordinary duties may warrant an excusal.

They added that “the delegation of routine duties does not dispose of the need for Mr Ruto to fulfill the extraordinary one. The Chamber is thus not satisfied that this proposal is an adequate alternative measure.”

In his evidence on the second day, Maupeu, who has been called as an expert witness, gave Ruto’s political profile, rising from a Kanu youth operative in 1992 to become the Kalenjin spokesman, both in Kanu and also in the Orange Democratic Movement (ODM) in 2007.

He said Ruto had been anointed the Kalenjin leader at a meeting in Eldama Ravine in the Rift Valley attended by about 15 MPs and other local leaders.

Maupeu, who appeared well versed in Kenyan cultural and political dynamics, described Ruto as being extremely good in mobilising people.

He testified at length on the supremacy struggle between various Kalenjin sub-tribes on one hand and between them and the Kikuyu and other communities in the Rift Valley on the other.

He gave evidence on land systems in Kenya dating back to the colonial period and how the land question had influenced the 2007-2008 post-election chaos.

Maupeu began his evidence on Monday and was the first to testify in Chamber V(a) without his identity being concealed.

He was called in the case to give evidence on his long research on Kenyan social, cultural and political affairs.

The evidence is crucial for the Prosecution in establishing the network that is said to have been established by Ruto among the Kalenjin and which was eventually used in executing the alleged plans to kill and evict peoples during the violence.

However, much of his testimony was based on research carried out by other scholars on Kenyan affairs.

At one point, defence lawyer David Cooper asked the court to be cautious in admitting the evidence of the witness since much of what he was testifying about the Kalenjin community was based on research he said had been conducted by other people.

The witness will be cross-examined by the defence Wednesday.