Second ICC witness tells how ODM managed campaign strategy

Kenya's Deputy President William Ruto speaks with former broadcaster Joshua Arap Sang ( R ) in the courtroom before their trial at the International Criminal Court (ICC) in The Hague on September 10, 2013. Photo/FILE 

By Peter Leftie

The second witness in the case facing Deputy President William Ruto continued his testimony Tuesday, explaining how Orange Democratic Movement party implemented its strategy through the party structures.

He named the ODM's key leaders (Pentagon) and the coordinators of National Elections Board's who helped coordinate the campaign strategy (through the Pentagon) ahead of the 2007 general elections.

He said coordinators were nominated and appointed by the members of the Pentagon, and therefore exerted influence over them, including by providing funds to some through the party.

"For candidates who were not able financially, the party could provide them with some funds. If they were close to the key Pentagon leader, they could talk and get some assistance," he said.

CODED LANGUAGE

On Monday, the witness portrayed the deputy president as a key figure in ODM who used coded language against some communities in Rift Valley during the campaigns.

Verbatim

Prosecutor: I would like to focus this morning on ODM’s strategy in the campaigns for the 2007 election. You recall telling us that part of the ODM strategy generally was the use of rallies to drum up support. You recall that?

Witness: Yes.

Prosecutor: How was this strategy implemented in various provinces?

Witness; ODM had key leaders; most of them were in the Pentagon. The Pentagon members had the responsibility of coordinating how they reach the provinces and the party structures on the ground.

Prosecutor: You have used the word coordinating. Does it mean that coordinators were used?
Witness: Yes

Prosecutor: What role did the coordinators play in the implementation of the ODM strategy?

Witness: The National Elections Board had coordinators who helped coordinate the campaigns through the Pentagon.

Prosecutor: Witness, would it therefore be fair to say that the coordinators were familiar with the provinces they coordinated?

Prosecutor: Yes

Witness: Are you aware how many coordinators there were?

Prosecutor: Yes, I knew some of them.

Prosecutor: Can you help us then.

Witness: Your honour, there was a list which was given but I don’t have it on my desk now. My honour, if I reveal the names of these coordinators, it may reveal the background of where I was.
Judge: Would you be the only one who would know the names of their coordinators or were they known to others in ODM?

Witness: Yes.

Judge: Then proceed.

Prosecutor: let us go province by province, can we start by Nyanza province.

Witness: In Nyanza province, the coordinator was Justice (Rtd) Richard Kwach (spells the name).

Prosecutor: Were there any other coordinators for Nyanza?

Witness; Justice Kwach was assisted by the Executive Director Madam Janet Ong’era. Also there was the Treasurer, James Omingo Magara

Prosecutor: Would it be therefore fair to say that Mr Magara was the third coordinator?

Witness: Yes, Madam Ong’era and Mr Magara were coordinating Kisii region while Mr Kwach was coordinating the Luo region.
Prosecutor: Was that all for Nyanza?

Witness: They also had constituency coordinators

Prosecutor: Can we move to the next province?

Witness: Western was being coordinated by Mr Kubasu Flavian (spells the name).

Prosecutor: Was Mr Kubasu Flavian the only coordinator for Western province?

Witness: Western was being coordinated by the running mate who was Musalia Mudavadi and Mr Kubasu on the ground.

Mr Karim Khan (for Mr Ruto): My lords I protest, this information has not been disclosed to us.

Judge: Please proceed

Prosecutor: Could we then proceed to the next province.

Witness: we had Coast Province where the Pentagon leader was Najib Balala and the coordinator was Dr Mtana Lewa (spells the name).

Prosecutor: to your knowledge, was Dr Lewa the only coordinator or were there others?

Witness: He was the only one.

Prosecutor: Can you proceed to the next province.

Witness: We had Central Province. It was coordinated by Madam Mumbi Ng’aru (spells the name).

Prosecutor: Was she the main coordinator or were there others helping her?

Witness: There were some people in the province

Prosecutor: Next province

Witness: we had Upper Eastern; it was being coordinated by another Pentagon member, Mr Joseph Nyagah.

Prosecutor: Was he the only coordinator or were there others?

Witness: There were others but I did not know their names.

Prosecutor: Next province.

Witness: There was Eastern Province which was being coordinated by Madam Charity Ngilu

Prosecutor: Another province?

Witness: There was the Rift Valley Province, the ODM Pentagon leader here was Mr William Ruto. Rift Valley was divided into two, North Rift and South Rift.
Prosecutor: Could we start with North Rift please.

Witness: North Rift was coordinated by Josephine Kulul (spells name).

Prosecutor: Was there a coordinator in charge of South Rift?

Witness: Yes, there was a coordinator called Mr Ole Kina Koitamet (spells the name).

Prosecutor: Do you know what particular role these coordinators played on behalf of ODM in the Rift Valley?

Witness: They were overseeing the nomination process, they were also helping with the campaign materials, they would also help to resolve disputes during the nomination process. Returning officers in the ODM nominations also reported to them and they could also coordinate rallies.

Prosecutor: Would it be therefore fair to say that the coordinators reported directly to the Pentagon leaders in their provinces?

Witness: The coordinators were reporting to the National Elections Board and the Pentagon members.

Prosecutor: The two names you have provided with regard to the Rift Valley, do you know who they reported to?

Witness; Yes, they reported to the key Pentagon member, Mr Ruto and the National Elections Board chairman, Mr Kwach.

Prosecutor: How did the coordinators come to be nominated and appointed?

Witness: They were nominated and appointed by the Pentagon members in charge of their provinces.

Prosecutor: Do you know who appointed Josephine Kulul for South Rift and Ole Kina Koitamet for North Rift?

Witness; They were appointed by the key Pentagon leader in the province.

Prosecutor: Would that be Mr Ruto?

Witness: Yes.

Prosecutor: To your knowledge, would the Pentagon leaders have influence over the nominees?

Witness: Yes, because they were capable of knowing the party loyalists who would protect party interests. They had to go for candidates who would promote the party interests.

Prosecutor: If those nominees were successful and they were subsequently won the general election, would they be in government?

Witness: Yes.

Prosecutor: Do you know what influence if any Mr Ruto had over the nominees in the Rift Valley?

Witness: I cannot remember well because things were being done at the Elections Board chairman’s desk.

Prosecutor: How were the rallies in those provinces were funded, who funded the nominees?

Witness: For candidates who were not able financially, the party could provide them with some funds. If they were close to the key Pentagon leader, they could talk and get some assistance.
Prosecutor: What do you mean that they could talk and get some assistance?

Witness: They could talk to the key Pentagon leaders in the province who would offer some assistance.

Prosecutor: Are you aware whether Mr Ruto provided assistance to them?

Witness: I cannot be sure but because they were close, he could have offered some help.

Prosecutor: Do you know which candidates ended up being nominees for ODM in the Rift Valley?

Witness; I cannot know all of them because they were very many. This is because almost 90 per cent of all seats in Rift Valley were won by ODM but I cannot know all of them. I know only a few.

Court resumes

Prosecutor: Witness, I would like to ask you about the period leading upto the elections in December 2007. Were you in Kenya?

Witness: Yes, I was in Kenya.

Prosecutor: Can we start from 25th December, 2007? Where were you on that day?

Witness: I spend the day in building one.

Prosecutor: What time did you get to building one?

Witness: I arrived at about seven in the morning.

Prosecutor: Do you recall any significant thing which took place at building one on that day?

Witness: I cannot remember all of them but there were a number of things which happened because we were preparing for the elections.

Prosecutor: Do you recall seeing any key member of the Pentagon on 25th December?

Witness: I cannot recall.

Prosecutor: What time did you leave building one on that day?

Witness: I left at seven in the evening.

Prosecutor: What did you do from seven in the morning until seven in the evening when you left?

Witness; I had been in the office receiving some people who came to make enquiries about campaign materials. There were a lot of activities in the compound.

Prosecutor: We have to go into private session for a moment.
(Court goes to private session.)