ICC told of Ruto’s campaign for land redistribution in Rift Valley in 2007

 

In Summary

• Witness number 326 tells court that Ruto and Raila were members of the ODM Pentagon
• Second witness testifies and recalls the formation of ODM and Ruto’s role in the party’s 2007 campaigns

By PETER LEFTIE

The second witness in the case facing Deputy President William Ruto and former journalist Joshua Sang on Monday revealed how Ruto addressed ODM campaign rallies in the buildup to the 2007 General Elections calling for land re-distribution.

Testifying in open session, witness number 326 said Mr Ruto and other ODM leaders, led by former Prime Minister Raila Odinga, championed for equal distribution of national resources, a message that was well received in Rift Valley province.

As a member of the Pentagon – the highest organ of ODM – Mr Ruto was in charge of campaigns in Rift Valley, the witness stated. In this, he was assisted by the then ODM national chairman Henry Kosgey and other leaders, the witness explained
Others in the Pentagon included Mr Odinga, former deputy Prime Minister Musalia Mudavadi, Najib Balala Charity Ngilu and former minister Joseph Nyagah.

Below are excerpts:

Judge Chile Eboe-Osuji: The chamber would like to render the following ruling in relation to the testimony of this witness.

On the 20th September 2013, the VWU (Victims and Witnesses Unit) sent to the chamber its report by e-mail as concerns its security assessment of this witness. In its report, the VWU recommended that during the testimony of this witness, protective measures be implemented. The measures are the voice and image distortion, the use of pseudonyms to conceal the identity of the witness and limited private sessions.

The VWU also recommended redactions where necessary. The chamber grants the request for protective measures as recommended by the VWU. These are the image and voice distortion, the use of pseudonyms, the limited private sessions, and the redactions.

Court officer, can you swear in the witness.

Witness: I solemnly declare that I will speak the truth, the whole truth and nothing but the truth.

Osuji: Witness, I wish to bring it to your attention the protective measures the court has granted you.

Your voice and your image are not exposed to the public. Your voice is being distorted and your image is not open to the public.

You are also being designated witness number 326. The public will know you by that name. You have taken the oath to say the truth, the whole truth and nothing but the truth. The Chamber requests you to speak truthfully because that is the only way you will help this court to know what happened in this case.

Prosecutor: Good morning witness. Your honour, for the first set of questions, I request a private session.

Osuji: Private session, for how long?

Prosecutor: If I look at the time, it is almost quarter past eleven. I suggest up to the break.

Osuji: I have no objection (Court goes into private session)

Court resumes.

Prosecutor: After the No campaigns, after the Orange Movement won the referendum, what became of the movement?

Witness: After the referendum, majority of the people liked the movement, many people liked the slogan and the people who led the campaigns. Some people like Mugambi Imanyara went ahead to register the party.

Prosecutor: When was it that the Orange Movement evolved into a political party?

Witness: I am not sure of the exact dates but I know it was in 2006.

Prosecutor: Who were the founding members of ODM party?

Witness: It was headed by Raila Odinga, and there were others like Anyang’ Nyong’o.

Prosecutor: Was William Samoei Ruto a founding member?

Witness: Mr William Samoei Ruto was still in Kanu but he was allied to ODM.

Prosecutor: Let me take you back a bit. Was William Samoei Ruto part of the Orange movement?

Witness: Yes, he was part of the campaigns.

Prosecutor: Would it be fair to say that when ODM evolved as a political party William Samoei Ruto was part of the movement?

Witness: Yes, he was part of the campaigns (Mr Ruto’s lawyer Karim Khan interjects, accuses the prosecution of asking leading questions).

Prosecutor: You have mentioned Mr William Samoei Ruto as being a leader of Kanu. What does Kanu stand for?

Witness: The Kenya African National Union party.

Prosecutor: Was there a time Mr Ruto became a member of ODM?

Witness: Yes, Mr Ruto became a member of ODM, he even became a Pentagon member.

Prosecutor: Do you remember when this was?

Witness: Yes, it was in late 2007

Prosecutor: Do you know the exact date and year Mr Ruto became a member of ODM?

Witness: It must have been between June and July 2007.

Prosecutor: Do you know when ODM was registered as a political party?

Witness: There were two ODMs. There was ODM party registered by Mugambi Imanyara. The first one was ODM party and the second one was ODM Party of Kenya.

Prosecutor: The first ODM party that you say was registered, do you know the time it was registered?

Witness: I cannot tell the exact date because Mr Mugambi Imanyara went behind everybody and registered it.

Prosecutor: This second ODM Party, do you know who its key leaders were?

Witness: Yes, it was Kalonzo Musyoka, Raila Odinga and Musalia Mudavadi.

Prosecutor: Any others?

Witness: There was also Julia Ojiambo but she was with her own party called the Labour Party but she was also in ODM.

Prosecutor: Do you have any other names of prominent leaders in the newly formed party?

Witness: There was William Ruto and Joseph Nyagah.

Prosecutor: Was Mr William Ruto still part of Kanu?

Witness: He had not declared that he was out of Kanu because he was still a Member of Parliament and Kanu is the one that had sponsored him to Parliament.

Prosecutor: You have repeatedly referred to the Pentagon. To some of us, this is just a five sided object. Can you explain?

Witness: It referred to the five leaders, but later on they became six when Charity Ngilu joined them but they could not change the name Pentagon.

Prosecutor: When you referred to Madam Charity Ngilu joining to make them six, are you saying that they were five leaders originally?

Witness: Yes, they were Raila, Najib Balala, Ruto, Nyagah and Mudavadi.

Prosecutor: What was the purpose of the Pentagon?

Witness: ODM in its manifesto had said it will develop all the regions of Kenya if it won the elections. The five leaders were representing regions which were called provinces where they had great support.

These regions were Rift Valley where their leader was Ruto, Coast was represented by Najib Balala, Nyagah was representing the Upper Eastern while Musalia Mudavadi represented Western.

Prosecutor: When you were interviewed by the Office of the Prosecutor, did you provide a sketch of what you believed to be the structure of ODM?

Witness: Yes.

Prosecutor: You’ve explained to us the Pentagon and the members of the Pentagon. Tell us in your own words the structure of ODM?

Witness: It was Raila first that is why it was written Raila, the People’s President but they had to get a flag bearer. This was done on 1st September at Kasarani stadium and Raila was picked as the party’s flag bearer then he named his running mate who was Musalia Mudavadi.

(Court breaks for lunch, then resumes)

Prosecutor: You have already told us who the members of the Pentagon were. What have you written on the box on the right hand side, just below that of the Pentagon? Was the chairman Mr Henry Kosgey?

Witness: True.

Prosecutor: Was the Secretary Peter Anyang’ Nyongo (spells Nyong’o)

Witness: Yes.

Prosecutor: Was the Treasurer Omingo Magara?

Witness: Yes.

Prosecutor: There is a figure on the right hand side of the box, of 4200. Were these delegates?

Witness: Correct

Prosecutor: Which regions were the delegates representing?

Witness: We had 210 constituencies and each constituency was represented by 20 delegates. If you multiply that, you arrive at the figure of 4,200.

Prosecutor: Was the Executive Director at this time Janet Ong’era?

Witness: Yes.

Prosecutor: Was she also the administrator of all staff at the party?

Witness: Yes.

Prosecutor: This diagram you have drawn, does it represent the structure of ODM as it existed in June 2007?

Witness: That is my recollection.

Prosecutor: Following the nomination of Raila Odinga as the presidential candidate, what strategy did the ODM adopt as their election strategy?

Witness: ODM had strategy of reaching the people on the ground, first of all through the delegates on the ground, secondly, ODM party structures and ODM elected civic and parliamentary candidates and also through the media, campaign materials such as billboards and flyers.

Prosecutor: You just mentioned Pentagon members and the regions they represented. Would it be fair to say that these Pentagon members were assigned provinces to drum up electoral votes.

Witness: That is true.

Prosecutor: Who was charged with delivering Rift Valley, if I may use that term?

Witness: Rift Valley, mostly it was left to the Pentagon member, Mr Ruto. The chairman of ODM was also coming from Rift Valley and they could reach the people of Rift Valley.

Eboe-Osuji: I may then ask you, were the other campaign means, the billboards, the media employed in Rift Valley?

Witness: Yes

Prosecutor: What is the ethnic make-up of the Rift Valley?

Witness: The Rift Valley, the majority are the Kalenjin but it also has other communities like the Kisii, the Luo, Kikuyus and Luhyas.

Prosecutor: Can you estimate the actual percentages of the communities, if you cannot, do not say it.

Witness: No.

Prosecutor: Do you know which were the pressing campaign issues?

Witness: The ODM manifesto was advocating equal distribution of resources including land, equal distribution of opportunities and governance positions.

Prosecutor: Was this strategy meant for the whole country or Rift Valley alone?

Witness: It was not for Rift Valley alone.