It wasn’t me, says man accused of burning Kiambaa church by ICC witness

Stephen Leting Chemalan addressing the press yesterday.
He was unhappy that his name had been mentioned over the
 burning of the Kiambaa church at the ongoing trials at the ICC. [PHOTO: PETER OCHIENG/STANDARD]

Wednesday, September 18th 2013 

By Silah Koskei

KENYA: The man who was accused of torching the Kiambaa church by a witness in the ongoing trial at The Hague has maintained that he is innocent.
Stephen Chemalan Leting, whom prosecution witness number 536 said hurled a blue jerrycan containing petrol on the roof and set the church on fire, said his acquittal by the High Court in Kenya over murder charges arising from the arson attack on the church had proved that he was a clean man.
Mr Chemalan, who was accompanied by his lawyer, Zephania Yego, told a press conference in Eldoret that the witness’ evidence was “totally unreliable, inconsistent and should be treated with a pinch of salt”.
“It is in bad taste for the witness to implicate us in the murders yet we were tried and acquitted for lack of evidence. Furthermore, we are not on trial at The Hague. The ICC is not an appellate court to repeal the decision of Justice Maraga,” he said.

Dearly liked
Chemalan was acquitted of charges of murder at the Kiambaa church in criminal case number 34 of 2008, alongside three others, by Justice David Maraga, then sitting in Nakuru, for lack of enough evidence.
“The witness should not mention our names to whip up public emotion, yet we are innocent of any charges related to the burning of the church,” he said.
Chemalan, who was elected Member of Uasin Gishu County Assembly (MCA) for Ngeria Ward in the March 4 General Election, said the votes he garnered were testament that he had nothing against members of the Kikuyu community.
He cited the 2007 polls that he lost in his bid to become a councillor, saying he garnered over 5,000 votes out of which 700 were from the Kiambaa area.
In the 2013 elections, Chemalan said he won 750 out of 950 votes at the Kiambaa polling station to win the seat that had eluded him in 2007.
“Kiambaa is predominantly occupied by Kikuyus. Is this the kind of man who could attack the Kikuyus who dearly liked him?” he posedHe added: “I was shocked to hear the mention of my name by the ( ICC) witness. To prove my innocence, I went through the corridors of justice and if there is anything I can give Kenyans and ICC in general to prove my innocence then I am willing to do so.”
No evidence
While quoting the ruling given by Justice Maraga, Yego said it was improper for the witness to bring the matter back yet the allegations were dismissed for lack of evidence.
He quoted part of the ruling by Justice Maraga that read: “In this case there is absolutely no evidence of the raiders or any of the accused having met to arrange the execution of any unlawful purpose. There is absolutely no evidence to show that the accused and others had a pre-arranged plan to attack Kimuri, Rehema and Kiambaa farms and to kill their residents.”
Mr Yego explained that they were not worried over the fresh claims emanating from the ICC, saying there will be no basis to open fresh charges against Chemalan when another court had acquitted him over the same charges.
“There is a principle in law called double jeopardy where you cannot subject an individual to another trial over the same charges,” he said.
Up to 35 people who had sought refuge in the Kiambaa church died when the building was set on fire on January 1, 2008, at the height of the post-election violence.