Here is a sample of the previously recanted testimonies by the witnesses that is to be used as part of evidence.
EVIDENCE OF 4TH PROSECUTION WITNESS AGAINST RUTO;
ICC Prosecutor: What language is madoadoa?
Witness: It is a Swahili word.
ICC Prosecutor: What does it mean in English?
Witness: It means that if for instance a piece of white paper has green, blue or yellow dots, it is referred to as madoadoa.
ICC Prosecutor: Can you explain the significance of the term as applied to Kikuyus living in the Langas area?
Witness: It referred to Kikuyus as having inhabited land belonging to the Kalenjin.
ICC Prosecutor: What was to be done with this madoadoa?
Witness: Usually, if one is to return the original colour of the white paper, he or she will have to do all necessary to clear the madoadoa.
ICC Prosecutor: Besides the term madoadoa, were there any other derogatory terms?
Witness: There was another name used by the Kalenjin to refer to kikuyus.
ICC Prosecutor: What was the term?
Witness: Kwekwe.
ICC Prosecutor: In what language is this and what’s it’s English meaning?
Witness: It is also a Swahili word meaning weeds growing among crops.
ICC Prosecutor: In what context was it applied to Kikuyus
Witness: It meant they had grown into land belonging to other people meaning they were not part and parcel of that particular area.
ICC Prosecutor: What was to happen to the kwekwe?
Witness: A farmer usually uproots the kwekwe on his land so that his crops can grow well.
ICC Prosecutor: Can you please tell the court where and when you heard the terms being used?
Witness: Three months to the election.
ICC Prosecutor: Who did you hear using these terms?
Witness: Our political rivals used these words to refer to Kikuyus.
ICC Prosecutor: Who are you referring to when you are using the word rivals?
Witness: We, as Kikuyus, and Kalenjins were in different parties.
ICC Prosecutor: In which party were the Kalenjin?
Witness: They were allied to the ODM party.
ICC Prosecutor: You also mentioned a derogatory term used by Kikuyus to refer to Kalenjins - gachuria. What language is this and what does it mean?
Witness: Kikuyu. It means hanging up.
ICC Prosecutor: Can you explain the significance of the name?
Witness: In Kalenjin culture, they used to pierce their earlobes and leave some parts hanging.
ICC Prosecutor: For purposes of clarification, this means when the lobe of the ear is cut and draped on top of the ear. Can I take you back to my previous question on whether you attended ODM campaign rallies.
(Private session)
ICC Prosecutor: What did you hear and observe in that occasion?
Witness: As it was campaign time and people were campaigning for their party or candidate, the politicians had to embark on a political tone to insist and request the people of Eldoret to vote for the party they were campaigning for.
ICC Prosecutor: Did either of the persons you mentioned speak at the time?
Witness: As demanded by the public, they had no option but to address the crowd that had blocked the road.
ICC Prosecutor: Who addressed the crowd?
Witness: Mr Ruto.
ICC Prosecutor: What did he tell the crowd?
Witness: He told them that time had come for the people in that area to show their true colours and do what is necessary to make sure the madoadoa are removed.
ICC Prosecutor: Who, according to your understanding, was Mr Ruto referring to?
Witness: As earlier stated, it was in reference to kikuyus who had moved to Eldoret.
ICC Prosecutor: You’ve told the court that madoadoa is a Swahili word. What language was Mr Ruto speaking when he made the reference?
Witness: He used Kiswahili as he does in most of his meetings.
ICC Prosecutor: Why did you think at the time he used Swahili and not not Kalenjin?
Witness: He used Swahili for the people who were in the gathering, who included Kikuyus, to understand his message.
ICC Prosecutor: Why should the kikuyus understand the message?
Witness: It had become obvious that Kikuyus in that area during that particular time were not supporting the party that the Kalenjins were supporting.
ICC Prosecutor: Besides this occasion, were there others you heard the terms being used?
Witness: After that the Kalenjins would repeat these words when they met Kikuyus or during political discussions.
ICC Prosecutor: Do you know how Mr Ruto at the time was regarded by Kalenjins?
Witness: He has a lot of respect and his words are taken highly. He is highly regarded by his people.
ICC Prosecutor: What do you mean that his words are taken highly?
Witness: If Ruto suggests or if he shows his people where he is heading to, people in that area or Kalenjin take him seriously and normally no one would like to go against his directions.
ICC Prosecutor: When Mr Ruto addressed the crowds, where was he?
Witness: He was riding on an open motor vehicle.
ICC Prosecutor: What sort of vehicle was that?
Witness: I don’t remember the make. It was a big vehicle. It had an opening where he was standing.
ICC Prosecutor: Are you able to clarify the date of this incident.
Witness: I’m sorry I cannot recall the exact date, but it was just a few months to the elections.
Judge Osuji: Do you have the year?
ICC Prosecutor: Which elections are you talking about?
Witness: The one for 2007.
ICC Prosecutor: Are you able to tell the court of any relation between Mr (Jackson) Kibor and Mr Ruto?
Witness: Mr Kibor is a Kalenjin, he was a staunch member of the ODM party which was Mr Ruto’s party then and he is also a prominent farmer in Uasin Gishu.
ICC Prosecutor: Please comment on his financial means.
Witness: He is very rich.
ICC Prosecutor: Besides being a farmer, are you aware whether he is involved in other business?
Witness: No.
ICC Prosecutor: It is an agreed fact that the election date was on December 27? You stated that you cast your vote early on that date, together with persons three and four on the list.
Witness: Yes.
ICC Prosecutor: Is it correct that you began visiting polling stations — at least 10 of them and everything was calm?
Witness: Yes.
ICC Prosecutor: In what constituency was this?
Witness: This was in Eldoret South constituency and in Langas ward.
ICC Prosecutor: On December 28 and 29, the area was still calm. Is that correct?
Witness: Yes.
ICC Prosecutor: During the time, the election results had not yet been announced…
Witness: The presidential vote had not been announced.
ICC Prosecutor: What was the attitude of PNU and ODM supporters to this delay?
Witness: On December 28 and 29, people were anxious and were asking why the presidential results had been delayed.
ICC Prosecutor: It is also an agreed fact that the official results were announced on December 30. Prior to that were there any rumours going round about the elections?
Witness: On December 29, there were rumours that the PNU presidential candidate had won the election.
(Private session and resumes)
ICC Prosecutor: After you had discovered that the polytechnic had been burnt, where did you go?
Witness: After this happened, I and person number three and four decided to go to a trading centre known as Kona Mbaya.
ICC Prosecutor: Did you receive any further information regarding the incidents of the previous night?
Witness: Yes, while walking to the Kona Mbaya trading centre, a friend of mine whose name appears as number six who lived a bit far from my house called me and told me that his house had been burnt during the night of December 29.
ICC Prosecutor: Burnt by whom?
Witness: He told me his house had been burnt by Kalenjin warriors.
ICC Prosecutor: How did he know they were Kalenjin warriors?
Witness: By how they spoke to him and how they had dressed.
ICC Prosecutor: Who said it was time to clear madoadoa?
Witness: It is the warriors who had surrounded his home.
ICC Prosecutor: What is the ethnicity of person number six?
Witness: Kikuyu.