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Daily Nation : February 19th 2014
2 | National News TRIAL | Former president described as having been skilful in putting down any opposition Moi incited ethnic cleansing in Rift Valley, says witness During the 90s… then President Moi progressively moved on to the policy of ethnic cleansing in order to keep a tight control of his region” Europe-based expert on Kenyan issues Herve Maupeu FILE | NATION An internally displaced person outside her family’s tent at Pipeline camp in Nakuru in 2011. BY DAVE OPIYO @DaveOpiyo email@example.com Valley to keep tight control of the region, the 11th prosecution witness at the ICC claimed yesterday. Dr Herve Maupeu, a Europe- R based expert on Kenyan issues, also said that Mr Moi was visibly irritated when Deputy President William Ruto was installed the Kalenjin spokesman. The witness, who was respond- ing to questions from trial lawyer Lucio Garcia, described the retired president as having been skilful in putting down any opposition, including buying them off or “resorting to violence” like the one experienced in Rift Valley during the 1990s. Mr Moi’s aim, he said, was to “keep a tight control of Rift Valley”. “During the 90s… then Presi- etired President Daniel arap Moi instigated ethnic cleansing in the Rift dent Moi progressively moved on to the policy of ethnic cleansing in order to keep a tight control of his region, which has many constituencies… This strategy was targeted at the migrant population who had settled in the Rift Valley,” Dr Maupeu added. “But things became differ- ent with regime change. When a Kikuyu (former President Mwai Kibaki) took over, the State changed its policy and resettled more than 300,000 people who had been displaced,” he told the court. Eviction of squatters This led to frustrations among members of the Kalenjin because those who had been evicted had returned to take over their land, he said. “There was also the eviction of the squatters who were obviously Kalenjins who had been resettled, from forest land. This obviously affected them,” he added. Dr Maupeu told the court that Mr Ruto’s elevation was made through a declaration made at a rally in Eldama Ravine, which was attended by 15 MPs, including the retired president’s son. He said not all Kalenjins sup- ported this move. Asked why they were unhappy with the Eldama Ravine declaration, Dr Maupeu replied: “I would interpret it as personal rivalry… When a young politician takes over power, the previous group of leaders (who have been ousted) feel frustrated.” “It was a bitter pill to swal- low for them,” he went on. “As a result of the passing on of the mantle, Mr Moi was visibly irritated by Mr Ruto’s ambition.” Mr Moi’s irritation, he told the court, came from the fact that the retired president was himself a figure representing the Kalenjin. Dr Maupeu described the Deputy President’s rise from humble beginnings to the powerful man he is today. He said Mr Ruto plunged into MORE INFO Groups ‘opposed Majimbo plan’ Dr Herve Maupeu said the civil society never believed in ODM’s Majimbo campaign, saying, they did not want a repeat of the ethnic cleansing that occurred especially after elections. “ODM had a difficult time convincing the people that the Majimbo they wanted did not entail the removal of those perceived not to be natives of a place from their land,” he said. Towards the end of the 1980s, he said, the police were slowly abdicating their role of protecting citizens as they moved towards ensuring that politicians remained in power. This, he said, led to the rise of insecurity in Kenya, as the vigilantes that had been established to ensure the safety of Kenyans in the absence of the law enforcers took the law into their hands. active politics in 1992, when, as a member of Youth for Kanu, he mobilised people to vote for the then president. “Mr Ruto was excellent in the technical aspects of running a campaign. He was charismatic and a good speaker. He was independent as well. It is because of this that he became the boss of the Uhuru Kenyatta campaign 10 years later,” the witness said. “He is extremely good. He knows how to run an election campaign,” he added. Kibaki’s re-election The witness said the Catholic Church was opposed to Majimbo and made very strong statements against it during the run-up to the 2007 elections. “The hierarchy of the church was Kikuyu who supported former President Kibaki’s reelection and were therefore hostile to the idea of Majimbo which was being fronted by his main rivals — ODM — during election campaigns,” he said. House to give verdict on Masjid raid next week BY JOHN NGIRACHU @JohnNgirachu firstname.lastname@example.org A security committee of Parliament has asked for one week to give its verdict on the police raid at Masjid Musa during which two people were shot dead and 129 others arrested. Mr Asman Kamama, who chairs the National Security and Administration Committee of the National Assembly, made the commitment yesterday after a request by Mvita MP Abdulswamad Shariff Nassir. “The issue of Masjid Musa is an issue that is so weighty in this country and especially among the Muslim leaders,” Mr Kamama, who is also the MP for Tiaty, said. Police and the authorities have said that the youths had gathered at the mosque for training and indoctrination to engage in acts of terrorism. They have accused the conveners of the meeting of distributing leaflets inviting the youths to take part in the gathering meant to spread Jihad ideologies. Posters pinned on walls in mosques and public areas in Mombasa listed laws on Jihad and the rites of martyrs among the topics for discussion. The youths had hoisted flags resembling those used by Al-Shabaab terrorists at the mosque for the duration of the meeting. Violence broke out after police ar- rived and surrounded the mosque to stop the gathering. Mr Nassir asked the committee to find out why the police saw it fit to raid a place of worship without having taken the necessary restraint and what action the government was taking against the police officers who raided and allegedly injured innocent people there. The committee will also establish what happened to one of the arrested suspects who has gone missing since the February 2 raid. Mr Nassir said police “raided the Masjid Musa and attacked worshippers all in the name of fighting terrorism”. According to him, eight people were killed during the raid, several were injured and one was unaccounted for 129 Number of people who were arrested during police raid at Masjid Musa although all evidence shows he was arrested by the police. “He has not been presented in any court of law and neither is he anywhere to be seen in the police cells,” Mr Nassir said in reference to the disappearance of Mr Hemed Salim Hemed. “We have taken the liberty of col- lecting evidence as well on our own as a constituency and we would prefer that when the committee is deliberating on these issues for us to be called in to present,” he said. In his response, Mr Kamama said the committee would want to give an answer in a week and promised that the Mvita MP would be asked to give evidence and raise any issues. The committee would also demand that the person who is not accounted for be produced. DAILY NATION Wednesday February 19, 2014 Lawyers push ICC to drop Uhuru charges BY NATION REPORTER President Kenyatta’s lawyers have asked the International Criminal Court to acquit him of crimes against humanity charges. In a final submission as they await a decision by the Trial Chamber on the fate of the charges, the President’s defence team urged the judges to terminate the case on the grounds that the prosecution relied on false evidence. Defence lawyers Steven Kay and Gillian Higgins argued that it would be unfair for the Trial Chamber judges to allow the prosecution to use its discretion to withdraw the charges without closing the case against their client, which arises from the 2007/8 post-election violence. “The defence submits that, in these circumstances, it would be capricious to deny the accused (President Kenyatta) the benefits of a full and final determination on these charges simply because the trial has not yet commenced within the meaning of the jurisprudence of the court,” they said in their filing on dated Monday. Had the discretion They were responding to sub- missions by ICC Prosecutor Fatou Bensouda last week that the she has the discretion to withdraw the charges against President Kenyatta, but can reopen the case in future should she come up with more evidence. Ms Bensouda said the pros- ecution has been unable to collect adequate evidence against President Kenyatta because of the failure by Kenya to give access to her investigators. “It is the prosecution’s case that its investigative activities have been impeded by a failure on the part of the Government of Kenya to comply with its cooperation obligations under the Statute,” she said in her submission last week. “At some point in the future, the evidence that has been unsuccessfully sought may become available. If this results in the prosecution obtaining sufficient evidence to sustain a conviction, it would be antithetical to the Statute’s core principles for a future prosecution to be barred. High level obstruction of investigations cannot result and cannot be seen to result in immunity from prosecution without there ever having been a trial on the merits,” she said. CLARIFICATION In the Daily Nation yesterday, we reported, under the headline Bensouda accuses Ruto of bribing 7 witnesses, that the prosecution had made certain allegations against Deputy President William Ruto. In actual fact, prosecuting attorney Anton Steynberg did tell the court of bribery and intimidation of witnesses in the RutoJoshua Sang case, but he did not say who is doing it. The impression created by the story that the allegations were specifically made against Mr Ruto is erroneous and is hereby corrected.
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