20 June 2014

Kenya: Uhuru Advisor, Iringo and Karua Linked to Waki Witnesses

Photo: ICC
Kenya's Deputy President William Ruto at the Hague

Nairobi — The International Criminal Court (ICC) on Friday heard that Mutea Iringo, political advisor Nancy Gitau and former presidential candidate Martha Karua mobilised witnesses to give evidence before the Waki commission.

The 19th witness in the case against Deputy President William Ruto and journalist Joshua arap Sang however said she did not know if they provided money for protection of the witnesses who testified before the Waki commission but admitted they mobilised witnesses.

"The monies that were being given to the witnesses in that protection programme was in fact coming from Nancy Gitau (Uhuru Kenyatta's political advisor) and Mutea Iringo (Internal Security PS), correct?" Ruto's lawyer Shyamala Alagendra posed.

In response the witness said; "I thought it was from Kenya National Human Rights Commission (KNHRC)."

"Did you hear that Karua also assisted witnesses to provide statements to the Waki commission?" Alagendra queried.

Witness; "no I didn't."

"These witnesses who were mobilised by William Rono, Iringo, Gitau, Karua and Stephen Tarus and others were told to provide evidence to Waki to implicate Ruto and the ODM in the post-election violence, isn't it?" the lawyer asked the witness who said she did not hear anything of the sort.

The witness who told the court that Rono had a 'close relationship with Iringo even in 2009' also during the Waki investigations mobilised witnesses and also gave evidence before the commission.

"During the period of the Waki investigations William Rono was assisting to identify witnesses and to give evidence and Rono himself provided evidence to the Waki Commission," the lawyer asked and the witness responded affirmatively.

However she said she had not heard that Rono monitored witnesses on behalf of Iringo.

"Did you hear that Rono was in fact acting as an agent and that he was monitoring the Waki witnesses who were potential ICC witnesses?"

The witness further heard that David Koros was in the European Union protection programme and that his organisation received money from USAID to protect witnesses.

Alagendra further posed to the witness if apart from Koros and Rono, if a Mr Samuel Kimeli Kosgey and a Mr David Genda also benefited from the USAID witness protection programme to which the witness was positive.

Alagendra alleged that the four witnesses were already on another protection programme supported by the KNHRC.

The witness however denounced her earlier position after the break and said that USAID was running a different programme on torture but not for protecting witnesses as she had said before the break.

She further claimed that witnesses under the protection programme managed by Koros made a lot of money from donors.

"Did you hear that witnesses were putting forward false claims? In fact, Koros made a lot of money himself from the various witness protection programmes, did you hear that," the witness said she heard had about it.

The witness said she heard that Koros was using allegations of witness intimidation as a means of making money and also used the same tactics to get money from the Dutch ambassador.

Further into the cross-examination, Ruto's lawyer said that for the period between 2004 and 2009 human rights activist Maina Kiai's wife Shawl Anderson was the Director of USAID Kenya.

She was in charge when USAID funded witnesses who testified before the Waki commission who according to her were potential ICC witnesses.

In one of the photo exhibits she presented to the court, Alegandra explained that Koros was allegedly receiving money from former Dutch Ambassador Laetitia Van Den Assum in the presence of human rights defender Ken Wafula's wife.

Alagendra also alleged that Wafula was receiving money from USAID to protect ICC witnesses.

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