Why Kenyans Are Calling On ICC To Reopen Case Against Joshua Arap Sang

Sang, an influential voice in the radio scene at the time, was alleged to have fuelled ethnic hatred through his broadcasts over the airwaves

Why Kenyans Are Calling On ICC To Reopen Case Against Joshua Arap Sang
Veteran journalist Joshua Arap Sang. /NATION MEDIA GROUP

Former radio presenter and International Criminal Court (ICC) suspect Joshua Arap Sang over the weekend attracted the wrath of Kenyans, with some even pressuring the ICC to revisit a case against him regarding his participation in the infamous 2007/08 post-election violence (PEV).

It all began on Friday, December 20 with a thread on X (formerly Twitter) from Nyamisa Chelagat, which took Kenyans back to the moments that were believed to have triggered the horrific clashes following the controversial 2007 general elections.

Sang, an influential voice in the radio scene at the time, was alleged to have fuelled ethnic hatred through his broadcasts over the airwaves, a dark moment which saw Kenyans against each other. Chelagat backed up her chilling narrative by attaching videos and audio from his trial at the ICC.

In 2011, Joshua Arap Sang was accused alongside five other prominent Kenyans concerning the 2007-2008 Post Election Violence. They included former President Uhuru Kenyatta, President William Ruto, Former Head of Public Service Francis Muthaura, Former Minister Henry Kosgei and Former Police Commissioner Mohammed Hussein Ali.

President William Ruto and Joshua arap Sang while facing charges of crimes against Humanity related to the 2007/08 post-election violence at the International Criminal Court (ICC). /JOURNALISTS FOR JUSTICE

The charges against the six that were christened ‘Ocampo six’ were however dropped due to lack of sufficient evidence and lack of cooperation from witnesses.

Chelagat in the thread also questioned his appointment to public office by President Ruto. “Fast forward to 2024. Sang, once accused of inciting slaughter, is now the Director of Public Communications in the office of the Chief of Staff, appointed by President William Ruto. For the survivors, the appointment feels like a mockery,” she stated.

However, the former Kass FM's threat to sue Chelagat angered Kenyans as some dared him to take the matter to court. Sang argued that taking her Chelagat to court would serve as a lesson to those who accuse people wrongly.

“For others to learn a lesson of wrongly accusing people, this one must meet me in court in January so that she can present the evidence she alleges I participated in the 2007/2008 post-election violence,” stated Sang.

Activist Shad Khalif called upon Kenyans to share recordings of Sang on Kass FM before the Post Election Violence. “Who can access the Joshua Sang recordings from Kass FM before the PEV? We need to spread them far and wide! This guy Joshua Arap Sang doesn’t understand the can of worms he’s just opened. By the time we’re done with him he’ll wish he never came to X,” he stated.

“Please go to court. We want you to do that so that we can reopen that file! Talk of a cow taking himself to the slaughterhouse” wrote a user named Jameson X.

“We dare you to reopen this can of worms. Only you will end up being prosecuted again. Considering you got away the first time. Kenya has changed. We are ready for you,” wrote another user by the name of Africa Rising.

As the weekend progressed, the attacks intensified, appearing to fly from all quarters and all exclusively directed at Sang. Lawyers, as well as former legal professionals who worked with the ICC at the time, also took time to express their opinions and slam Sang.

X user Betty stated, "I worked with the ICC special rapporteur at the time, happy to provide acres of documented victim statements collected, including 40,000 reports of sexual assault, 1900 reports of police shootings and 180,000 displaced persons over and above YOUR own recordings of your show!"

According to the Committee to Protect Journalists (CPJ) an international organization, Joshua Arap Sang, was the then head of the Kalenjin-language radio station, Kass FM, in Rift Valley, western Kenya, where he presented a morning show called “Lene emet” (What Is the World Saying).

According to the ICC, Sang was a prominent supporter of the opposition party under Raila Odinga and used his station to “collect supporters and provide signals to members of the plan on when and where to attack.”

Speaking to the Daily Nation on December 16, 2010, Sang said he was surprised to be included among the suspects. “As a matter of fact, I went on air to request my listeners to be calm and embrace peace during the time when violence had engulfed the country,” Sang told the paper.

But in April 2016, the ICC dropped the case against then-Deputy President Ruto and Sang. The Hague-based court's judges, Chile Eboue-Osuji, Olga Herrera Carbuccia, and Robert Fremr, ruled that Ruto and Sang had no case to answer. The judges cited political interference as one of the reasons for vacating the charges.

The International Criminal Court (ICC) offices at The Hague, Netherlands. /BBC