For the past week, OTP Witness 376 has been on a blitzkrieg in Hague, laying down compelling evidence against Ruto regarding the planning and execution of PEV in the North Rift. Eloquent, articulate, and steady, he withstood a tough cross-examination on Friday, that is set to continue next week. There are some nuanced answers that he gave that will definitely become problematic for Ruto. He also came out too smooth, as if thoroughly debriefed. Questions are beginning to emerge in light of the performance of this particular witnesses in court, something that has apparently taken Ruto’s defense by surprise.

It is now apparent that Ruto’s case at the ICC was largely built by the Kibaki-era bureaucrats and security/intelligence machinery. Ruto has even gone ahead and named those responsible for his legal woes at the ICC – the likes of Nancy Gitau, Mutea Iringo, et al.

In light of the Uhuruto marriage, why then have the same PNU/Jubilee people not summoned their “witnesses” to withdraw en-masse and let Ruto’s case automatically collapse?

Be your own judge. A legally-free Deputy President called William Ruto, with Kenyatta still bound to answer serious criminal charges at the Hague is not exactly what the masters of Jubilee envision for Kenya. It is what it is!

Ruto’s acceding to wise counsel — to continue attending trial — is apparently being met by suspicion within some quarters of Jubilee. Some Jubilee honchos (especially those co-opted from the PNU/Kibaki era) are now looking at Ruto’s move to loyally attend court as an act of audacious ambition. Apparently, Ruto has gone against “advice” from Kenyatta handlers and external supporters like Museveni and Kagame to snub the trials altogether. By continued attendance, he is now being accused of “trying to make the President look bad”. It is just common sense that Ruto’s going against the deferral scheme is on advice from his lawyers who not only know that such deferral plans may not technically cover Ruto, but that it is also bound to fail.

There appears to be a slow fusion developing between certain quarters of the Kibaki regime and the shaky Kenyatta administration. The former are coming in under the guise of “strengthening” the current administration.

Anti-Ruto forces within the previous PNU establishment, temporarily taken aback by the political marriage between Uhuru and Ruto, are slowly beginning to find a voice within the Kenyatta administration.

They have probably taken advantage of Ruto’s prolonged absence from the country while on trial. They have calculated that the trend is likely to continue for at least two years —giving them ample leeway to entrench their positions within the administration.

The anti-Ruto brigade of the Kibaki era is not keen to have Uhuru leaving the country for prolonged stay at Hague. They are strong proponents of the deferral project. They are afraid of Ruto intermittently coming back to act as President (while Kenyatta is away) – probably fearing that Ruto might get perfect opportunity to square even with them. Ruto is not the kind of guy to miss an opportunity to tame a potent critic or enemy. They know it quite well. After all, the fingerprints of their work against Ruto are right now playing out in court (Hague) — right in front of Ruto’s eyes.

Genuine witness or Political Hit-man?

Ruto’s loyal attendance of court proceedings may thus not be such a rosy affair for him after all. The political chicken are coming back home to test the strength of the intra-Jubilee camaraderie – which is ironically trying to expand to absorb some previously reluctant Kibaki era loyalists (the anti-Ruto crew).

Watch out for OTP witness 376’s continued cross-examination by Ruto’s lawyer, Essa Faal, tomorrow (Monday). Damning testimonies from this witness (& the OTP witness who broke down in court) must be keeping Ruto awake at night in Hague. Witness 376 resisted a tough cross-examination by Faal on Friday, refusing to budge an inch on the contentious madoadoa  word.

Ruto’s supporters believe this madoadoa business is all hype concocted by Kibaki-era spies to fix Ruto.

Faal showed chamber judges a video with Raila using the same word, in the context of calling for a “three-piece-suit” voting pattern. Witness 376 steadily stood his ground, saying that whereas Raila’s usage was likely in a political (voting) context, Ruto being a local, was colloquially using the term as an ethnic codebasically calling upon majority Kalenjins to evict minority Kikuyu’s. Of course, this is the same line cemented by the likes of Maj. Gen. Gichangi during the Waki tribunal.

The alleged madoadoa speech by Ruto is also one of the star features of the KNCHR reports, Waki report, and USAID field briefings coordinated by none other than Nancy Gitau, currently a senior advisor of President Kenyatta. This madoadoa argument was the hallmark of Friday’s cross-examination in Hague – and the dispute continued into a camera session, with witness 376 clearly enjoying an upper hand in front of the judges.

In short, this witness successfully passed the message to judges that one needs to be a local to understand the context of language usage. This mutes the usage-equivalency argument being made by defense illustrating that other politicians like Raila used the same word. This witness 376 was in fact doing the prosecutor’s job –without pay! He is eloquently and ferociously going the extra mile to pin-down Ruto. Is he a genuine witness or a camouflaged political hit-man? Is he an authentic and random witness or a sophisticated boardroom creation of the likes of Nancy Gitau? Could he be any ordinary witness who just by happenstance, intuitively fills in for prosecutorial deficiencies while on trial (many times thinking on his feet)?

Ruto and his defense do not think so.

Ruto and his team are in fact seeing a tough and legally trained witness, carefully selected and thoroughly prepared by the Kibaki-era NSIS machinery and advisors (Iringo, Gitau, Gichangi et al) — to testify against Ruto. In today’s Standard newspaper, Nancy Gitau reveals she was recruited into the Kibaki’s PNU government directly from State House – through former Kibaki-advisor Stanley Murage. She was being recruited from NSAID -where she enjoyed proximal access to virtually all Kenyan NGOs who needed funding from USAID (just about all NGOs for that matter). Nancy Gitau was a big catch by State House – to be used to fix certain political errands! Such as the “fixing” of Ruto.

As Ruto and his defense currently sit in court, they are seeing some of the yields from the co-opting of NSAID NGO coordinators like Nancy Gitau into State House. The latter has remained in State House after Kenyatta’s transition. Ruto and team are now tormented daily by witnesses hired and trained (by the Kibaki-era PNU think-tank) to nail him. They currently see a witness feigning local traditions and simplicity, yet in reality could be a sophisticated and clever agent. When Ruto’s defense tried to shake off this particular witness with the claim that the Gikuyu in the North Rift equally use derogatory code words against the Kalenjin, she brushed it off for irrelevance – because such usage did not incite mass killings.

When the tenacious Faal asked him whether he knew of Gikuyus beheading and displaying heads of slaughtered Luos on sticks, at a place called Langas, he inadvertently revealed a big clue. He denied knowledge of the same yet admitted being in knowledge of a meeting between the area chief of Langas with both the Luo and Gikuyu communities in the same locality. Ordinary folks rarely know of scheduled security meetings of the provincial administration. What instantly rings in pondering minds is the possibility that this witness could actually be (/or was) affiliated with security (law enforcement) one way or another. NSI? Provincial Administration?….

These are the realities of what are going on in court right now.

Ruto must be wondering…”if the Uhuruto marriage is being taken seriously by the Gikuyu establishment, why didn’t these NSIS-prepared witnesses withdraw like other witnesses were purportedly doing?”

That’s the elephant currently sitting in the Jubilee tent. Ruto is wondering why anti-Ruto forces of the Kibaki era like Iringo and Nancy Gitau are still having leeway in the budding Uhuruto administration. He secretly knows there is still potent fear of him among these circles — thus the silent assignment to clip his wings despite all his efforts in “putting” Uhuru into power.

As Ruto sits in court right now, he knows that the tough witness 376 is/was one way or another affiliated with the same government that he is # 2 in. It is therefore not an accident that Ruto’s lawyers a few days ago publicly released “the list” of people he accuses of having “manufactured” evidence against him, then “coached” witnesses to testify against him.

Ruto went public, accusing Mutea Iringo, Martha Karua, Nancy Gitau, and others he deliberately omitted from the list (such as Michael Gichangi, and Githu Muigai) for plotting to permanently fix him politically.

Ruto was likely spurred into doing this because he was now directly facing in court, a tough and credible witness. He is probably expecting similar witnesses to come up, witnesses who have been “ generated, processed, and packaged” by the Mt. Kenya establishment; witnesses who may very likely send him to jail and permanently end his political career. He must have also been sending a subtle message to Kenyatta to act — by firing those who sent him to the Hague. What will the latter do? The chicken are slowly coming back home. Those in denial may not see it yet – but it is what it is!

By Job Posted in kenya


  1. It is very funny to see the Kenyan media spin on this one. A prospective witness is called by a person who claims to be from the ICC and asks “do you know whether the PEV was planned or not and if this or that person planned it”. The witness to be safe says no. Later when the witness actually meets the people and confirms their identity, he/she reveals all.

    What gullible Kenyans seem to overlook, because they have not been told by the media, is that the records of the first phone conversation was given to the Defence by the OTP! But they still put the witness on the stand! Fortunately, judges know better.

    The Kenyan media is doing a great disservice to Kenyans by not trying any kind of accurate reporting or any kind of analysis. This means that Kenyans may be very surprised by what comes out at the end.


  2. Job and Adongo,
    I think that the ICC seat is getting hotter by they day yet its only month number one into the trail.

    Having said that, I wonder how Ruto is going to cope while Uhuru is away. How will he relate to people like Nancy Gitau who are at the center of fixing him? Ama he will just pretend that nothing happened and everything is Railas fault? Ruto must have known that it was TNA that fixed him yet he went ahead to help them gain power. Now when they are talking of postponement of the cases, its only head of state that is being lobbied for while the DP is paid lip service. Its therefore not surprising that the Ruto/URP gang have gone silent as if they don’t even exist. Apart from Ruto you dont hear their voices. They have been completely squashed by the TNA axis of Jubilee.

    The ICC is going to haunt the Uhuruto gang throughout their entire rule.
    The issue of trying to bring in Railas name at every turn and corner is not helping Ruto. If he were clever, he should have picked on Kibaki because its the old who was at the center of rigging and the mayhem that followed. But he knows that bringing Kibaki in will also connect dots to Uhuru Muigai. And that scares him badly.


  3. The other thing that Ruto must keep his eye on is the issue of Barasa’s requested extradition to the Hague.

    Githu Muigai et al., despite knowing that complementarity does not apply for Article 70 under which the arrest warrant was issued, are playing games that suggest Ruto is not fully cooperating –when in fact Ruto himself has submitted fully to the Hague.

    This is yet another conundrum for Ruto. He may be viewed (by ICC) as the one pulling hidden strings to prevent Barasa from going to the Hague, when in reality Ruto may not even have any say in what happens to Barasa…


    • job & others,

      There are two things I find interesting with the Witness 376 bomb about PNU(now TNA) working behind the scenes to cook Ruto for supper. One is that the Ruto team brought these matters up with this witness when she had said nothing to point things in that direction. Why did Khan organise for these matters to be brought now? I think this is a long range strike.

      This is to prepare the judges for the state documentary evidence that is going to emerge. They gave that stuff to the Waki Commission in camera and it is going to show up. The state may not have given much to Ocampo because by that time Kibaki’s boys were also on the dock and not just the hated William Ruto. So it seems to me that the Ruto group is preparing the ground to deal with that. Ruto knows who put him in this mess but for political reasons he had to harp on Raila while sleeping with the snake. Be careful.

      Secondly the fact that people like Iringo and his mashetani squad are still squarely in the Jubilee government, Ruto should know none of those people would want him anywhere close to power. He is OK as long as he helps muthamaki to be in power just like Raila was in 2002. But these people know Ruto knows what they have done to him in the darkness of night. They will have to be dead first before Ruto has any authority over them. It is quite telling that Uhuru has picked the same characters to be his official state bodyguards. These are the people who run State House. Ruto is one of their spanner boys for now. End of story.


      • Adongo said

        “Secondly the fact that people like Iringo and his mashetani squad are still squarely in the Jubilee government, Ruto should know none of those people would want him anywhere close to power.”


        seems like there has been some shifting in Jubilee house. Ruto knows, and has known for a while that TNA?PNU put him in the dock, but the latest witness may have caught them off guard. Ruto intentionally mentioned the names Gitau and Iringo (both of whom are still in the current goverment), that info was mostly meant to send a message to his base, and they have been nungunikaring albeit in harsh tones. something is up.


        • Moesha

          Unbelievably, Ruto walked into Mutahi Ngunyi’s trap with eyes wide shut hoping for the best as with tyranny of numbers predicted. His assumption is that they need him more than he needs them, yet the converse is more true. Its only a matter of time. And his most trusted foot soldier will be turned against him or else renewed bloodshed. Lets wait and see


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