Explosives were used to burn Kikuyu houses in Yamumbi, witness tells ICC

Ruth Nduta, one of the IDPs living at Kamwingi-Ngwataniro camp in Yamumbi, Uasin Gishu hangs down her clothes on Sept 19, 2013. The attackers of a Kikuyu estate in Eldoret used explosive-like objects to burn houses during the 2007/08 post-election violence, the seventh prosecution witness has told ICC judges. 

The attackers of a Kikuyu estate in Eldoret used explosive-like objects to burn houses during the 2007/08 post-election violence, the seventh prosecution witness has told ICC judges.

According to Witness 423, after setting alight the houses at Yamumbi, the youths would throw the objects into the fire to increase its intensity.

The witness also said Mr William Ruto provided guards to protect the cattle that had been stolen from the Kikuyus. He said people, who were dressed in police uniforms and had firearms, were also on the side of the Kalenjin attackers.

“How were they burning the houses,” Lara Renton, the trial lawyer, asked the witness.

“They were using dry maize stalks to light the fire. Once the fire had started burning, there was an object they would throw into the fire to strengthen it and even break stone walls,” the witness responded.

Prosecutor: What was the small object that they were throwing?

Witness: It was a small thing which was made of aluminium.

Prosecutor: What happened when it was thrown into the fire?

Witness: The fire would intensify to the point it could not be put out. The following day, the attackers came back to go through the rubble. I investigated and realised they were collecting the remains of the objects so that they could not be found. I also managed to collect one and I called the elders in Yamumbi to witness.

The witness said that before setting the houses on fire, the youths, who were operating in groups led by a villager, would loot the houses.

As they were collecting the “small thing”, the Nandis also carted away iron sheets, which they used to construct their own houses. “Some even tried to camouflage them by painting them but I could still tell,” he said.

On December 30, 2007, he said, about 10 houses were torched. Then the following day, another 300 houses were set ablaze in Lemok, Kaptagat and Getwe villages. The attacks in Yamumbi, he said, went on for four days.

According to the witness, the attackers, aged between 18 and 30, were ferried in trucks, which he later came to learn belonged to a Mr Maiyo — a wealthy businessman who has since died.
It was at the homestead of Mr Maiyo that cattle stolen from the Kikuyus were hidden, the witness said.

Prosecutor: Could you tell us about Mr Maiyo?

Witness: Yes, I remember when the attacks began, the cattle that had been stolen were being driven to Mr Maiyo’s home under escort of people in police uniforms.

Prosecutor: Where does Mr Maiyo live?

Witness: He lived on the upper side near the border of Yamumbi. His land is at the border with Yamumbi

Prosecution: Does Mr Maiyo still live in that location?

Witness: Right now he is dead but his homestead still stands.

Prosecution: When did Mr Maiyo pass away?

Witness: He died after the violence.

Prosecution: What, if any, was Mr Maiyo’s relationship with Mr Ruto?

Witness: Mr Maiyo was among the wealthy people in that area, and if there was a meeting he would be there.

Prosecution: Do you know if they had any relationship apart from that?

Witness: Yes, the guards who used to protect the stolen cattle in Mr Maiyo’s homestead were sent by Mr Ruto.

The witness added that the trucks that were used to ferry the attackers also belonged to Mr Maiyo.

Prosecution: Yesterday (Wednesday) you were speaking of the Nandis who arrived on the bank of the river. How did they arrive?

Witness: They got there on foot after being dropped a distance away by vehicles.

Prosecution: What were the vehicles?

Witness: They were lorries.

Prosecution: How many lorries were there?

Witness: They were about 10 but I cannot tell the exact number because I only saw the headlights.

Prosecution: Can you describe the lorries for us?

Witness: Yes, they were big lorries.

Prosecution: Were these big lorries that you saw open or closed at the back?

Witness: They were open.

Prosecution: Did you know who the owner was?

Witness: I did not know who the owner was.

Prosecution: Did you find out later?

Witness: Yes, they were owned by wealthy people. I was told they belonged to Mr Maiyo.

The witness said the attackers were also armed with machetes, bows and arrows and small axes. He claimed they also had pieces of wood that were sharpened at both ends, which they would use to shoot the Kikuyus in Yamumbi.

“They would use the arrows afterwards,” he said.

The witness also said he witnessed the killing of two people who were cut into pieces while a third person sustained serious injuries.

According to the witness, the police who came to the area did not do much apart from shooting in the air to scare the people.

They told them that “we (Kikuyus) had requested the work to continue” (in reference to the Party of National Unity’s slogan of Kazi Iendelee).