CHAPTER | STATEMENT GEOFFREY KIPLAGAT, residiny in Naizobi and make oath and state as follows: 1 THAT. I am an adult of sound mind and therefore competent ta make this Declaration 2 THAT, [ make this statement under oath because of my involvement in the Kidero appeal against Waititu case and also because I have been wamed by ovo individuals involved that | should keep quiet about what transpired or I would be endangering my life 3 THAT, on Tuesday 4" November 2014, at around 9.00 a.m. while | was walk towards Nairobi West. a Toyota Corolla vehicle with four mate occupants siopped beside me near the Moi Education Centre aid wey asked me the direction to Ongata Rongai Police Station. The vehicle was heading towards Nairobi West from Tmait and I informed that they were headbng the wrong direction and directed them to Langata Road 4 THAT, the person seated at the front asked me how far off they were in Kalenjir: I found this odd and realised that they had been tracking me and were confirming if they had the right person STAT, this happened after Mr. Katwa Kigen ssied calling me on Sunday, 26" October 2014, but L was in church, When [ returned his call he did not pick my call. When we spoke later in the week, he was trying to gauge my thinking. 6. THAT, 1 was aiso threatened by John Osogo PA TO Kidero and warned by Mike Njera THAT, my statement will be verified if my telephone print outs for the ‘months of May June and July for the lines 0720 237380 registered under my name and 0707 821296 office line registered under Catherine Kinya which [ used while working at the smart farmer magazine and which 1 keep and use to date This is because it will unearth what transpired10 GENES! + MIKE NJERU CALL 1A, in early May 2014. f received an urgent call from Nairobi Businessman Michael Njeru , The sense of urgency was palpable in the sense of his tone. Mr Njeru is a Nairobi businessman who owns companies among them Alpha Logistics, a clearing and forwarding company as well as Transcend Media Agency. | got acquainted with Mr. Mike Njeru when he was the campaign funds mobiliser for then Prime Minister, Raila Odinga while { was working at Kass Fm. THAT, Mr. Mike Njeru was then proceeding to Nakuru, but having interacted with him over some time he had no qualms briefing me over the Phone. The brief was for me to contact Justice Philip Tunoi to help Nairobi Governor Evans Kidero in his case at the Supreme Court in the appeal against Ferdinand Waitita. The judgment in the appeal was delivered on Friday 30” August 2014 THAT, Mike trusted me as a networked Journalist and having worked with him in the past { told him that | would get back to him shortly THAT, I came to know Justice Tunoi personally about four years ago when he intervened to help a Jady by the name Lucy Ruto whose land had been invaded by squatiers in maziwa market along Jogoo road where he had interceded for us after crafty businessmen in cahoots with a former MP for Kamukunji wanted to dispossess her of her property ‘THAT, I decided to act on the request by Mike as it would vive me a rare opportunity as a journalist to have a glimpse of what tekes piace in the high circles THAT, I rang Justice Tunoi and asked whether we could go and see him in Eldoret the following Sunday on 4" May 2014. He however advised me to wait as he would immediately call me when he arrived back in Nairobi THAT, on Wednesday 21" May 2014 at exactly 748:50 am I received the following text messaye from Justice Tonui *Kongoi. 1 am now buck in Nairobi. Kono message through, 0734609111. Si keam logoy kovkoliny..Arap T. Translated “Thank you 1 am now back in Nairobi, message me through the number 0734 609111, we talk in the evening. Arap T,”19 THAT, the message was sent fom number 0722 442201, whieh is the Judges mobile line. | made a prompt response on the nature of assistance required and he later called me using 0734 609111, which I later learnt was registered under the Name Tony Tunoi THAT, Justice Tonui acceded to my request only telling me to advise Michael Njeru to advise his boss that there was still enough time and that we had to keep matters very secret THAT, a meeting was scheduled between the Judge, Mike Njeru, John Osogo and myself at Kengeles Lavington on Sunday, 25 May 2014, had talked to the Judge on his mobile phone number 0722 442201 on Saturday night while he was in Narok attending to land matters but promised to be back in Nairobi for the Sunday meeiing. The telephone converstaions can be confirmed using phone records from the service provider, Safaricom THAT, Mike Njeru confirmed the same on Sunday through the following sms, ‘Am in Karen. lets meet in Lavington. from number 0722523235" and if my memory serves me right he had arrived from Kisumu before proceeding to Karen THAT, John Osoge (personal assistant to Governor Kidero), Mike Njeru and | waited at Kengeles Lavington from 4.00 p.m. until around 6.00 p.m when Mike Left for another meeting, THAT. shortly after | arrived home, Justice Tonui mzee called to say he had been held up but will organize another meeting, a message 1 communicated to both men THAT. the following Tuesday, 3™ June 2014, | visited the Judge at the ‘Supreme Court building after I was called by one Emest Keitany, an elder from Keiyo. through number of 0722779806 asking me to go and see the Judge at 4.00 p.m THAT, the judge spoke to John Osogo through my line 070782126, and he apologized for not making it for the Sunday meeting. The Judge promised to make good the next meeting advising that it would be prudent to use a taxi to the venue. THAT, the Judge Mzee asked Osogo to avoid a certain Maasai university professor friend of the governor now that he was personally in charge. He asked Osogo whether anyone else was in the picture, Osogo promised to confirm and get back to the judge through me.2S on Friday 6™ June 2014 at 18:25:45, Osogo sent me the text from a mobile number 6722 SI1IS4 to number 0707821296: Tumematizuna na madam wote wail’ THAT, the next meeting was then scheduled for Sunday. 8" June 2014 sunday at the office of Michael Njeru on Waiyaki way. The Judge had confirmed the meeting We had agreed to meet at Consolata Shrine Westlands with the Judge afier which we would proceed for the meeting at Michael Njerus office, a place I was very coaversant with ‘THAT, shortly after service and as | was looking for Justice Tunoi among, the Congregation, he sent me the following message on my line 6707821296 from his line 0734 609111. The text message was ‘How are you, let's call off miyet akoi benwt age. Mamuck abisto masaek. If I am seeing the same man in Nairobi why notin masai,so we postpone, mowendi masai kugeny..Sikengatal karon,* Translated, it means, How are you let's call off meeting until another day, Twill neither go to masailand, if | am seeing the same man in Nairobi why not in masai, let's call off meeting 1 another day, we will talk tomarrars. THAT, shortly after, the Judge called me to explain the cancellation. He had cancelled the meeting because a group of Masai friends had slaughtered a bull for junch and they were to pick him on that day. The friends wanted to have the governor fly to magadi road for the lunch from Kisumu which according to the Judge would be easy to detect. A chopper, and a slaughtered cow would obviously attract undue attention THAT, Mike Njeru and John Osogo were gettit constant communication. Then came the hearing of the appeal in June and impatient and there was another meeting was scheduled THAT, this time the Judge promised to make good the meeting, always assuring me that things had been taken care of and there was still time. The Judge assured me he he had accepted to help On the day the case was finalized we were supposed to meet, he postponed again. He communicated through smts from his line 0722442204. He sent the following message35 Panowai.Viemilia Muite. Koisabech Kipkasta anan police ont Komiirani «hoe rotnd my house., Ngetebi betusick 2 anan somok asi ketuiye...saisere Arap Cherota. At 21:16:43 on 26" June 2014. Translated to: “Pamwai lets persevere Vumilia..tatelligence guys were on our case...even today I spotted them round my house..iet’s stay for 2 or three days then we meet..see you arap Cherota. THAT, Pamwai is a Kalenjin word used to refer to a good friend or ve. It is derived from the name mwaita or oil which portends good for the Kalenjin people. THAT, 1 advised John Osogo and Mike Njeru to be patient as the Judge had assured me he would help By this time [ had made over 10 vi the Judges Chamber where he shares an office with Justive Njoki Ndungu as he had told me to avoid phone calls as much as f could s 10 THAT, the Judge talked to Mike Njeru and John Osogo through my phone for the second time and allayed their fears ‘THAT, on 4" June 2014, John Osogo, using line 0722 SLI184 sent me the following message afier T had told him that the process was slow and be needed to be patient, sawa, Si Tam still waiting for that lady to call me plus you were to organize we meet mzee. THAT, the lady in question was one Frida Rop as I had been asked by Osogo to scout for a lady who is exposed and who could be trusted to deliver money to a highly placed Kenyan without raising any suspicion THAT, 1 managed to introduce Frida, a business lady to Mike Njeru and they had lunch at Westlands. It later transpired that her services were not required as the plan took a different dimension THAT, the Interlude was however marked by intense phone conversations which by then revolved around an attempt to have the governor and the Judge talk directly using proxies’ phones ‘THAT, thiy can be confirmed by a text message from Mike Njeru on his number 0722523235 sent on 23 July 2034:30. 40. 4 4 our friend is out of office but we arrange they talk and governor is not in the office. will brief 22/7/14" THAT, on 28" July 2014 at 6 37 am, [ received the same message on my two mobile phones from John Osogo through his mobile number 0722511154; Good morning. 1 understand ruling is on Thursday. Please Confirm.” THAT, I decided to visit the Judge at his office. He showed me the courts program and informed me that Kidera’s people panic was informed by the vacation they were to start the following day. I assured John Osogo that the matter had been placed in abeyance as Twas advised but also toid them that there was a possibility that the judges would break from vacation to deliver the Judgment. This can be confirmed from a text J sent to osogos line. here was a bit of a lull and then the Judge communicated through a businessman known as Ken Kiplagat, {not to be confised with the Advocate) requesting the Judge and Governor to meet in Eldoret at a venue to be confined by Kiplagat. However when I asked John Osogo to arrange for the meeting, he sent me the following text on 17" Aagust 2014 at 8217224: Tulimaliza hiyo maneno na hakuna haja kwenda Eldoret.” THAT, J was told Ken Kiplagat that all the Judges had been summoned back to Nairobi. By this time we had codenamed the Governor as Kibet and the Judge as Cherota in order to expedite work covertly THAT, following Qsogo’s advise I decided not to pursue the issue as the issue had been finalized. But on Wednesday 27" August 2014, I received a call from Katwa Kigen 0722 769374 as | headed to Muthaiga from town He asked me to urgently return to town and meet him at a restaurant Jocated at Lonhro house at the ground floor. Katwa came along with Businessman Kiprop Chirchir who is closely associated with the governor from the time he worked at Mumias THAT, as | was waiting for Kiprop. | was called by the Judge Tani who told me to wait for Katwa He told me to make no further calls as thing were under control and he did not want things to be divulged lest he be embarassed like Shollei46 47. 48. 49. THAT, when Katya came, he informed that his brief was simple. He asked me whether I knew Mike Njerus office, and we would converge there that night for the big meeting. t informed him that Mike was out of the country and was expected on Thursday morning THAT, Mike had sent me a text on 24" August 2014, at 16:16:50; ‘Pole sana..am away tll Thursday” THAT, on the same day he also sent me another text message at “But your people called him directly’ THAT, 1 informed Katwa that Mike was away but his office was available, Katwa called Justice Tunoi who spoke with me, He told me to work with Katwa in expediting everything, The Judge also called ave from his own line. AT, Katwa told me after lunch that he would pick me around Kilefeshwa Police Station at around 8.00 pm after picking the boss from somewhere, Katwa also told Kiprop to ensure that the money would be in dollars telling him that 2 million dollars was not a smal! amount and they fad to prepare well to deliver. | was instructed to stop all calls henceforth and wait for the meeting after being picked from Kileleshwa ‘THAT, things went as usual and Kanva picked me using a Mercedes Car and I was surprised co see the Judge at the back seat. Instead of proceeding t© Mikes Office Karwa called Kiprop Chirchir and who had picked governor and instructed him to come to Petro petrol Station near Mikes office where. THAT, Kiprop came driving a Toyota VX KBN 900B. I went to greet the occupants, and I met governor Kidero and Kiprop. HAT. Kiprop alighted and walked with a very big brown briefcase which he gave to Katwa Kigen from the driver's door. After delivering the briefcase he drove the VX to a parallel position to enable the Judge and the Governor wave at each other and ensure that it was not a hoax. the Judge told the Governor, ‘si umgona ni mini muenyewe THAT, Katwa gave me Kshs. 20 000 00 to attend the funeral at home and Took a matate to town They left promising fo see me late58 60, ot THAT. during the funeral ceremony for my cousin Stanley Kipkogei Kiptum on Thursday the 28" August 2014, I received a call from Kiprop Chirchir around 1.00 p.m. using my number 0722628222. This can be verified and he asked me to talk to Daktari Kidero who asked me if { had spoken with Justice Tunoi that day, [told him that going by what had happened he only needed to pray THAT, the following day the Judges delivered their judgment allowing Kidero’s appeal | was in Keiyo when 1 heard the news. Mike called me and asked me to join him at the Governor's office the following Monday, on 1" September 2014 THAT, I was asked to avail my CV for immediate employment, which 1 did promptly the following day. I delivered the CV to Alice the governors secretary OTHER PLAYERS Joshua Korie also called Chepkulul - 0722936889 THAT, Koriris a long time friend of mine but reyarding this case, 1 was wiven specific instructions by Jemeli Kandie to introduce Korir to Mike Njeru to plan on delivery logistics and probable meeting venues. Mike had instructed me to take Korir to his office on Waiyaki way, where we inspected all offices, and were shown around by accountant Mike Nganga- (0722703840. Korir was to ensure Mikes office did not have CCTV Jemeli Kandie-0722448880-Sister in law to Justice Tunoi, THAT, Jemeli was an interested party who told me that he had been assured that Kidero would be helped. Introduced me to Korir and asked us to coordinate events. To date she still calls me asking for her share. | have asked her to talk to the Judge but she says he has been evasive NT OU rs ‘THAT, | am requesting that phone call and sms print outs for the entire months of May, June and July for my lines 0707821296 and 0720237350, be availed so that the information 1 have given herein can be verified THAT, | make this statement due to the threats made an my life and also to record what transpired in the Kidero Supreme Court case.62 THAT, | make this Declaration conscientiously and in accord with The Oaths and Statutory D SWORN and DECLARED ) At NAIROBI by the said GEOFFREY KIPLAGAT On This Rae of Howult arations Act, Chapter 15 of the Laws of Kenya Vez Backs