He presented video and newspaper articles as proof that ODM’s held a rally at Uhuru Park on October 6, 2007 while its last rally was held in December at the Nyayo National Stadium.
He also used a letter from James Magara, the ODM National Treasurer in charge of logistics: “There was no ODM meeting at Uhuru Park in December 2007. The ODM rally in Nairobi was at Nyayo National Stadium on December 24, 2007.”
Using a bank statement and a letter from Magara, Khan further dismissed allegations made by P0326 that Ruto received money from ODM.
In the letter Magara said: “The rules and regulations of the party did not permit the treasurer to make any hard cash advancements or payments to any of its nominees… I wish to state categorically that at no point in time during my tenure as the treasurer of the party was any money given to Ruto.”
The witness had told the court that on January 3, 2008 he was at building ‘A’ where he heard a person instructing another to give money to Ruto.
The witness said Ruto was given the money to help ODM youths trapped in various places during the Post Election Violence.
It was not clear if the witness overheard the conversation on December 31, 2007 or January 3, 2008 prompting the judge to seek clarification.
“So we are clear on the record, on how many occasions did you hear the conversation on Ruto receiving money?” Presiding Judge Chile Eboe-Osuji asked and the witness said he only heard it once after the post election violence had already started.
The prosecution witness also found himself on the firing line when Sang’s lead counsel Katwa Kigen started cross-examining him.
Kigen accused P0326 of being shrewd, arguing that he had been having difficulties responding to questions put to him because he was not being truthful.
And although the witness maintained that he had been honest throughout his testimony, Kigen accused him of periodically hesitating before responding to questions, which was an indication that he was not entirely being honest.
“I put it to you Mr Witness that the long process you take when you’re asked questions in respect to Mr Sang is because you are lying. This witness is obviously shrewd,” charged Kigen.
The witness contradicted himself in many instances in addition to responding with ‘I can’t recall’ to several questions fired at him.
The witness had earlier told the chamber that Sang hosted Ruto for an interview at Kass FM on December 25, 2007.
However transcripts and radio recordings show that Ruto attended the interview on December 21, 2007 and that he was not at the station on December 25.
A statement from the radio station also says that Sang spent December 25, 2007 with a pastor at the station reading out Christmas Day messages before later hosting another show.
“From the document I’ve just been given, it shows that Mr Sang was at the station but they have not indicated the time so I could agree that he was at the station,” said the witness.
“Thank you very much for confirming that he (Sang) was at the station,” responded Kigen.
The witness had initially said that Kass FM, where Sang worked as a presenter, only broadcast to the Rift Valley region and only Kalenjin before audio clips were played to him showing otherwise.
He further claimed that he was not aware of any nickname given to former Prime Minister Raila Odinga by people from the Rift Valley before later changing his stand.
Kigen also complained that the judges had not given him enough time to question the witness arguing that he felt short-changed.
“I feel rushed and I hope for better treatment next time,” he said on Friday.
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