Witness tells court radio presenter occasionally allowed divergent views on his show

A witness told the International Criminal Court (ICC) that Joshua arap Sang once in a while allowed representatives of the Party of National Unity (PNU) to air their opinions on a popular radio show he hosted. The same witness had previously said Sang used the radio show to promote the rival Orange Democratic Movement party (ODM).

Witness 268 also told the court on Monday that Sang occasionally allowed people who were critical of William Samoei Ruto to air their opinions. The witness was referring to 2007 broadcasts of the Lenee Emet program on Kass FM radio station when Ruto was a member of parliament and a key leader of the ODM party. The ODM party was challenging the then President Mwai Kibaki and the PNU in that year’s election. Last week, Witness 268 had testified that Sang promoted Ruto on his program, which was broadcast in Kalenjin and was popular in the Rift Valley region. Lenee Emet means “what the country is talking about,” when translated directly from Kalenjin. Today, Ruto is Kenya’s deputy president and is a co-accused with Sang.

The witness, however, could not remember the days or the timings of the Lenee Emet program when he was asked by Sang’s lawyer, Joseph Kigen-Katwa. Previously, Witness 268 had said that at the end of his show Sang would conclude with what his listeners had said, usually agreeing with them. Kigen-Katwa asked him whether he could remember one such occasion that happened, but Witness 268 said he did not have any specifics. He told the court that all he remembered was that Sang generally concluded with what listeners said. Sang stopped working for Kass FM in October 2012. He faces three counts of crimes against humanity for his alleged role in the violence that convulsed Kenya after the December 2007 presidential election.

In the morning, the witness told Presiding Judge Chile Eboe-Osuji that a video of a rally in Kapsabet he had been shown on Friday is completely different from one he had been shown in July by the prosecution, even though the two videos were supposed to be of the same rally. Judge Eboe-Osuji asked that the court go into private session so he could question the witness in more detail about the videos. Most of the hearing was in private session.

Witness 268 continues his testimony on Tuesday.



  1. I am wondering why the prosecution continues to waist valuable time. It is very clear that witnesses were coached and the coach was more bogus. He would have done a better job.

  2. The problem with OTP is not even lack of basic investigation or background info.It is that they have willingly based their case on lies.I foresee the icc being left with a lot of egg on their face.it should be renamed the international comedy center.

  3. I wonder why this Court should dismiss such cases when it is obvious the prosecution is based on lack proper investigation. The Court should bite the bull and stop the cases.

  4. Strange. A prosecution witness rejects a prosecution video clip that is supposed to strengthen his own case. Just what is going on?

  5. The judges in order to save the image of international organ like Icc should propose an inquiry as to the way investigation were done or order fresh investigation through other investigators, since the world is watching..

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