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Nairobi: Witnesses credibility queried

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  • Nairobi: Witnesses credibility queried

    They are on politicians' payroll, say lawyers
    By MAXWELL MASAVA, EMMANUEL ONYANGO

    Kenya Times
    July 12 2006

    Witnesses credibility queried

    LAWYERS appearing for individuals adversely mentioned at the Kiruki
    commission yesterday claimed that some witnesses were on the payroll
    of unnamed politicians to lie to the commission.

    Lawyer Gibson Kamau Kuria appearing for Winnie Wangui yesterday
    accused two Kenya Revenue Authority (KRA) officials who appeared to
    testify yesterday and Tuesday, of having been 'paid' by politicians
    to appear and lie to the commission.

    Kuria said two senior customs officials attached to Jomo Kenyatta
    International Airport had created fictitious stories surrounding the
    Arturs' gun drama at the airport to cover up the truth.

    He accused Charles Nambale, a senior revenue official and Nelson
    Ochieng of having lied to the commission about the Arturs drawing
    out guns at the baggage hall.

    Similar sentiments were raised at the commission last week when a
    lawyer appearing for suspended CID director, Joseph Kamau, accused
    another witness as having been 'hired' to give evidence.

    Jane Ondieki told the commission that Dominic Opar Owiya, the
    security manager at Panari hotel was a "witness on hire" and needed
    investigations. The commission later launched investigations into
    the claims.

    Yesterday, Dr Kuria said that witnesses were lying to the commission
    and a failure to seriously cross-examine them would lead to hiding
    the truth and hurting those who have been adversely mentioned.

    Ondieki appearing for the suspended CID director put Nambale to task
    over his age.

    She challenged the witness to tell the commission why he had lied
    about his age to doctors who treated him after the scuffle.

    Nambale, who still claimed to be in pains of June 8 scuffle told
    the commission that he had erred by putting his age at 49 when he
    visited doctors.

    His actual age is 52.

    He caused laughter at the hearings when he told the commission that
    he was poor in mathematics and would revisit the hospitals to rectify
    the anomaly.

    Ondieki had sought clarification as to why the commission should
    trust evidence of a man who had lied to doctors to get medical forms
    and P3 forms.

    The witness had a difficult time in explaining how he was injured as
    the medical reports indicated that he was bruised on the head and
    knee, despite his earlier account where he denied ever having been
    punched in the face or suffering injuries in the legs. He told the
    commission that the Arturs only pointed a finger in his face and he
    never fell on the ground to suffer bruises.

    However, the senior customs official who appeared a day after his
    junior, Nelson Ochieng, caused light moments at the inquiry when kept
    on asking for pain killers to contain the pain he now had to contend
    with following the confrontation with the Arturs.

    He told the commission that he was willing to sue the Artur brothers
    over assault if he was to be facilitated with their true names and
    pictures.

    "My lords commissioners I may apply that you assist me with their
    names and pictures to enable me sue them."

    Medical reports from Nairobi Hospital and Nairobi West Hospital where
    he had sought treatment showed he had been treated of severe head
    bruises, disjointed hip-joint and a sprained right leg, and that he
    had since been on psychotherapy and pain killers.

    He at one point requested to be served with a pair of Panadol tablets
    to reduce recurring pains from the beatings he received from the
    Arturs.

    Though contradictory, the witness insisted that so severe was the push
    from the Armenian that he dislocated his hip joint in an attempt to
    resist the push that would have confined him to "the grave."

    Last week, Ondieki claimed that Owiya who had appeared at the
    commission to testify on Arturs' presence at Panari Sky Centre the
    same evening, was a known "witness on hire" who had testified in a
    murder case involving businessman, Kamlesh Pattni.
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