, NAIROBI, Kenya, Feb 27 – Lawyer Karim Khan has produced phone records before the International Criminal Court (ICC) to prove that the 12th prosecution witness was not in the North Rift during the 2007 elections as he has told the court.
Khan gave the witness the duration and the time of his calls he made on December 27 and 29, 2007, telling him it was possible to track down such details.
“The day of elections on 27th December, at 3 minutes and 46 seconds past 5am in the morning on that day you made a telephone call from North Nyanza. Did you?” Khan asked during hearing of the case against Deputy President William Ruto and former journalist Joshua arap Sang.
“I don’t know if I made a call. I cannot remember,” the witness responded.
“Later on in the day on 27th at 44 minutes past 8pm, you made a phone call for 49 seconds in duration and you made it again from the North Nyanza part of Kenya. Does that refresh your memory?”
“I don’t remember that one,” the witness answered.
“On the 29th of December 2007, you were again in North Nyanza, were you? At 7.21pm. That is where you were, isn’t it witness?” Khan asked and the witness said: “I disagree.”
All this happened alongside a series of private sessions meant to protect identity of the witness from the public.
Khan told the witness that there are also records to show where people voted from and told him that he was not in the North Rift region during the 2007 General Election.
“Contrary to your testimony to this court, you were not in the North Rift region in 2007, were you? Do you know when you go to vote IEBC check the identity card against your vote? You registered to vote in Kisumu West in 1997,” Khan charged.
The witness insisted that he was in Nandi during that 2007 election but before he could answer other questions he requested to be heard in private.
The 12th witness referred to as P-0409 in his evidence alleged that he attended three rallies in which he heard Ruto use phrases to ask Kalenjins to evict other communities from the Rift Valley.