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The Reign of Museveni in Uganda prolongs for 3 decades…

Yoweri Museveni Uganda’s longtime president reconfirms his domino by wining 68 per cent of votes in Friday’s poll, allowing him to extend his 25-year hold on power. The Election Commission of Uganda declared that the main challenger Kizza Besigye took 26 per cent of the vote, but the top opposition leader alleged the election was fraudulent and rejected the results for the third time.

Political power conquered through the barrel a gun has never been relinquished   by democratic process.  Museveni once insurgent commander who seized power at the head of a guerrilla army in 1986, used to  criticize African rulers who clung to power has now confirmed the rest of the international rebels who took power in Asia( China, Vietnam, Cambodia), Africa ( Uganda, Rwanda, Zambia, Angola, Ethiopia, Eritrea, and Latin America(Cuba Nicaragua won back by election). Thus to this day, from Ethiopia down to Rwanda, Zimbabwe passing Angola, Armed Liberation Front leaders are still in power, aided by powerful armies and a ruthless readiness to use violence once they fought for. Democracy has reached in some African nations those received independence through colonial pacts since the fall of the Iron curtain. From Countries which conquered their liberty under the barrel of the gun, very few could be mention who saw the light of democracy:  Tanzania, South Africa-Namibia; others are suffering under authoritarian leaders who have clung to power.

Musevini’s opponent was personal doctor and a long time comrade in struggle Mr. Besigye has previously threatened Egypt-style protest, but on Sunday, he declared that he was still considering other options. But on Sunday, Mr. Besigye pledged to work “to bring an end to the illegitimate government.”

But he stopped short of calling for street protests. Mr. Museveni said last week he would jail anyone who tried to spark Egypt-style unrest.

Mr. Besigye said widespread bribery, ballot-stuffing and harassment rendered the poll illegitimate.

“[We] reject the outcome of the elections,” Mr. Besigye said Sunday. “[We] reject the leadership of Mr. Yoweri Museveni.”

Foreign election observers said that there had been serious flaws with the voting process and the campaign. They said state resources were used to skew the elections in Mr. Museveni’s favor.

“The power of incumbency was exercised to such an extent as to compromise severely the level playing field between the competing candidates,” said Edward Scicluna, head of the European Union monitoring mission.

While previous election campaigns were marred by violence against opposition candidates, observers say Mr. Museveni allowed opposition candidates a freer hand to campaign this year, following the example of Melese Zenawie of Ethiopia assuring his post in advance.

The Ugandan voters went to the ballot boxes on Friday knowing there is little chance of a defeat for President Yoweri Museveni. Uganda’s opposition leaders have warned of Egypt-inspired revolts in the streets if the election is rigged, but analysts don’t expect them to make a dent in the rule of Mr. Museveni, a former general who maintains a strong grip on the army.

Many commentators believe that the people-power revolutions of North Africa will not spread to the rest of Africa. They dare to confirm that the Revolution is often a luxury of an educated middle class, and much of Africa is too rural and too poor to sustain a national uprising.  But such type of analysis   seems short of memory and very reductionist when it comes to sub Saharan Africa.  They forgot Ethiopia of 1974 predominately peasant society brought down half a century old Dynasty from power. The same was with Uganda and Ruanda the revolt started in the cities and went to the country side and started armed struggle with farmers and other Ethnic groups.

The other factor very often cited is African technological factor, that the Internet access is still relatively low in most of Africa. In 1960’ Kenya revolt of the Mao Mao did not need any kind of technological support to execute such in human massacre, and that of Congo rebellion led by Patrice Lumba had no other communication means but mouth to the ear but threw the Belgium out.  The other stereotype is that ethnic and religious divisions considered as a huge obstacle to the organization of national protests. They forget the inverse is also true that ethnicity has been a base of organization as we have seen in liberation struggle in 1960 against the one and the same enemy unjust domination of any kind internal or external. If we take for example the subjugation by a minority in power the rest of the majority groups could create a solidarity which surpasses ethic cleavage   as seen in the past for liberation struggles all over Africa. Today its seems the minority in power will further t sustain power without baying out the  majority which are enrolled  in the army belongs to other tribes men like  in Uganda, Rwanda and Ethiopia… but not for long.

Except Algeria the Arab world came to independence with a colonial pact followed by free officers military coup e.g., Libya, Egypt, Syrian mid 50’s.  In 1960’w Africa was going to liberation struggle while these countries were under military rule after reversing the Kingship put in place by leaving colonial powers.  The new Social Media Protests in the Arab world is the first revolution they are going though in their post independence period. Africa must go through its Social Media revolution to get out of the genocidal dictators reigning starting from Ethiopia down to Angola….

Yoweri Museveni Uganda’s longtime president reconfirms his domino by wining 68 per cent of votes in Friday’s poll, allowing him to extend his 25-year hold on power. The Election Commission of Uganda declared that the main challenger Kizza Besigye took 26 per cent of the vote, but the top opposition leader alleged the election was fraudulent and rejected the results for the third time.

Political power conquered through the barrel a gun has never been relinquished   by democratic process.  Museveni once insurgent commander who seized power at the head of a guerrilla army in 1986, used to  criticize African rulers who clung to power has now confirmed the rest of the international rebels who took power in Asia( China, Vietnam, Cambodia), Africa ( Uganda, Rwanda, Zambia, Angola, Ethiopia, Eritrea, and Latin America(Cuba Nicaragua won back by election). Thus to this day, from Ethiopia down to Rwanda, Zimbabwe passing Angola, Armed Liberation Front leaders are still in power, aided by powerful armies and a ruthless readiness to use violence once they fought for. Democracy has reached in some African nations those received independence through colonial pacts since the fall of the Iron curtain. From Countries which conquered their liberty under the barrel of the gun, very few could be mention who saw the light of democracy:  Tanzania, South Africa-Namibia; others are suffering under authoritarian leaders who have clung to power.

Musevini’s opponent was personal doctor and a long time comrade in struggle Mr. Besigye has previously threatened Egypt-style protest, but on Sunday, he declared that he was still considering other options. But on Sunday, Mr. Besigye pledged to work “to bring an end to the illegitimate government.”

But he stopped short of calling for street protests. Mr. Museveni said last week he would jail anyone who tried to spark Egypt-style unrest.

Mr. Besigye said widespread bribery, ballot-stuffing and harassment rendered the poll illegitimate.

“[We] reject the outcome of the elections,” Mr. Besigye said Sunday. “[We] reject the leadership of Mr. Yoweri Museveni.”

Foreign election observers said that there had been serious flaws with the voting process and the campaign. They said state resources were used to skew the elections in Mr. Museveni’s favor.

“The power of incumbency was exercised to such an extent as to compromise severely the level playing field between the competing candidates,” said Edward Scicluna, head of the European Union monitoring mission.

While previous election campaigns were marred by violence against opposition candidates, observers say Mr. Museveni allowed opposition candidates a freer hand to campaign this year, following the example of Melese Zenawie of Ethiopia assuring his post in advance.

The Ugandan voters went to the ballot boxes on Friday knowing there is little chance of a defeat for President Yoweri Museveni. Uganda’s opposition leaders have warned of Egypt-inspired revolts in the streets if the election is rigged, but analysts don’t expect them to make a dent in the rule of Mr. Museveni, a former general who maintains a strong grip on the army.

Many commentators believe that the people-power revolutions of North Africa will not spread to the rest of Africa. They dare to confirm that the Revolution is often a luxury of an educated middle class, and much of Africa is too rural and too poor to sustain a national uprising.  But such type of analysis   seems short of memory and very reductionist when it comes to sub Saharan Africa.  They forgot Ethiopia of 1974 predominately peasant society brought down half a century old Dynasty from power. The same was with Uganda and Ruanda the revolt started in the cities and went to the country side and started armed struggle with farmers and other Ethnic groups.

The other factor very often cited is African technological factor, that the Internet access is still relatively low in most of Africa. In 1960’ Kenya revolt of the Mao Mao did not need any kind of technological support to execute such in human massacre, and that of Congo rebellion led by Patrice Lumba had no other communication means but mouth to the ear but threw the Belgium out.  The other stereotype is that ethnic and religious divisions considered as a huge obstacle to the organization of national protests. They forget the inverse is also true that ethnicity has been a base of organization as we have seen in liberation struggle in 1960 against the one and the same enemy unjust domination of any kind internal or external. If we take for example the subjugation by a minority in power the rest of the majority groups could create a solidarity which surpasses ethic cleavage   as seen in the past for liberation struggles all over Africa. Today its seems the minority in power will further t sustain power without baying out the  majority which are enrolled  in the army belongs to other tribes men like  in Uganda, Rwanda and Ethiopia… but not for long.

Except Algeria the Arab world came to independence with a colonial pact followed by free officers military coup e.g., Libya, Egypt, Syrian mid 50’s.  In 1960’w Africa was going to liberation struggle while these countries were under military rule after reversing the Kingship put in place by leaving colonial powers.  The new Social Media Protests in the Arab world is the first revolution they are going though in their post independence period. Africa must go through its Social Media revolution to get out of the genocidal dictators reigning starting from Ethiopia down to Angola….

Kenyans Torturous Race to circumvent ICC Tribunal to save the six Ocampo

Since 2007 contested election Kenya has become a center of intolerance, and the country’s capital city became a city of Human right abuse. The refuges from the neighboring countries especially that of Ethiopia and Somalia are victims of Kenyan corrupted Judiciary.  The Kenyan authorities are famous in killing out rightly their own voters in cold blood. You cannot walk on the streets of Kenya without been harassed and robbed in plane   day light by the corrupted security men as a foreigner. The worst of the Kenyan abuse reached the ears and eyes of the ICC, that of mass massacre of the innocent voters.

Finally , on December 15 last year, ICC prosecutor Louis Moreno-Ocampo named six high officials responsible for the election massacre 2007 in Kenya known as the six Ocambo as responsible for the  :-

  1. Deputy Prime Minister Uhuru Kenyatta,
  2. Suspended Cabinet ministers William Ruto and
  3. Henry Kosgey,
  4. Head of Civil Service Francis Muthaura,
  5. Former Police Commissioner Hussein Ali and Kass
  6. FM presenter Joshua Sang

These are the  six individual he wants to open cases against them  over the 2007 post-election violence.

Kenya the member of ICC is trying to get out of the organization in order to save the 6 convicted officials from appearing in the International court of justice. It is always easy to be a member and judge others. But it comes home it has become hard to apply. This has been proved by the recent parliamentary motion to change the constitution of the country which just been rectify by popular referendum.  The Kenyan MPs seem they can manipulate the law of the land to fit their needs not of the country. They even went further preparing to establish a local tribunal one like Rwanda to save the convicted officials so it would not trace up unto the president and prime minster himself.

In this shameful parliamentary debate Mr. Odinaga gave the following options as a way out from the crisis:-

  1. To set up a credible local judicial mechanism;
  2. To seek a resolution of the United Nations Security Council to defer the ICC process against the suspects;
  3. To withdraw from the Rome statute; or
  4. To let the ICC prosecutions to proceed which  he willl never let happen.

President Kibaki and Prime Minister Raila Odinga discussed the establishment Rwanda type local tribunal as an alternative to trial at the Hague to save the six Kenyans under investigation by International Criminal Court.

And the first step towards circumventing the international community is to prove like Rwanda that “Kenya has the will and capacity to try the suspects locally is by undertaking comprehensive judicial reform.”

The President and the Prime Minister spent a considerable amount of time to exploring ways of appointing a new Chief Justice working around the provisions of the new Constitution which recognized fully the ICC and other international institutions Kenya is a member.

The Kenyan rulers  to do this job without any obstacle they have to prepare the  Chief Justice Evan Gicheru  to exit before the  enactment of this  new supreme law which will dope ICC.  They have to Sworn in a new Judicial Service Commission that should play a key in this manipulation of the Kenyan constitution with high responsibility the appointment a new Chief Justice in the image of Rwanda.

These high manipulators of the Kenyan highest law the newly  referendum passed constitution by the  in government is that if both Chief Justice Gicheru and Mr. Wako leave office alongside major steps towards reform completely changing the Kenyan Judiciary.

They also wanted to change the State Law Office and the Police Service; Kenyan and manipulators thought they will have headway to petition the ICC directly or through the United Nations Security Council. They thought this would suspend the hearings on the six Ocambos by the ICC, on the excuse that they are doing it themselves like Rwanda. And thus

President Kibaki and Mr. Odinga agreed to manipulate the ICC ways of getting the six off The Hague tentacles, since they know they  one has direct and the other  indirect  responsibilities  of the killings of 2007, while the six  took orders . This leaders during elections day of 2007 which brought one to power and the other contested like Ivory Coast .Both are in agreement  that they will  would still  establish a local tribunal to try  post-election violence suspects.

The two responsible for the outcome of the 2007 election also agreed behind doors, but publically showed reluctant to the  Motion that was passed by MPs urging the government to withdraw from the ICC and repeal the International Crimes Act.

Mr. Moreno-Ocampo who saw the ICC officials before them played double standard when it comes to the Ethiopian election of 2005   resumed working fast in order not to repeat the same mistake by unnecessary delay in Kenya.  The judges of Pre-Trial Chamber II expected to start scrutinizing the cases to determine whether the prosecutor has a case against the six Kenyans. They are expected to make their ruling either by the end of next month or early March.

As planned the Chief Justice Gicheru is set to walk away by February 27, while Mr. Wako’s record 20-year reign is set to end by August. In order to out run ICC judges there are indications he may be persuaded to leave earlier.  These are the guys who gave the hands of the PKK leader Abdullah Öcalan to the Turks  rather than independent  court through a third country in front of ICC or other tribunals.  Such  corrupted  act did not help the Turks or the Kurds to solve the century year old paralysis of Asia Minor on the  “The Question of Kurdistan” to a negotiated solution like Southern Sudan  to this  day.

Kenya needs a true democracy corruption and constitutional manipulation, foreigner persecution is a daily phenomena. If it continues with this rhythm the country will join its north eastern neighbor to be a fallen state.

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Supporters of Raila Odinga

Name Position Profile Charges
William RutoWilliam Ruto Minister of Higher Education One of the most influential people in the Rift Valley, where the worst violence took place. Suspended as minister in October after being accused of corruption over land deal. Flew to The Hague in November to try to clear his name. Member of the Kalenjin community. Accused of planning even before the election to set up militias to attack supporters of President Kibaki. Alleged to have urged his supporters to uproot the weeds from the fields – referring to communities in the Rift Valley with origins elsewhere in the country.
Henry KosgeyHenry Kosgey Minister of Industrialisation Chairman of Odinga’s Orange Democratic Movement. Recently denied charges of corruption over importing second-hand cars. Member of the Kalenjin community. Faces same charges to those brought against William Ruto of planning to set up militias to attack Kibaki supporters. Worst atrocity was the burning of a church near Eldoret where ethnic Kikuyus were sheltering.
Joshua SangJoshua Sang Reporter and executive of Kass FM Hosted morning shows on a Kalenjin-language radio station during the post-election violence in 2007/2008. Accused of planning attacks, along with Kosgey and Ruto, as well as whipping up ethnic hatred on the airwaves.

Supporters of Mwai Kibak

Name Position Profile Charges
Francis MuthauraFrancis Muthaura

Head of Civil Service,

Cabinet Secretary

A right-hand man of President Mwai Kibaki and seen as one of the most powerful unelected figures in the country. A former Kenyan ambassador at the United Nations and the European Union. From the Meru community, which is closely linked to President Kibaki’s Kikuyu group. Accused of developing a plan with Kenyatta and Ali to take revenge for attacks on Kikuyus and keep Kibaki in power. Muthaura allegedly met Mungiki leaders and ordered the police to let Mungiki members through road blocks while using excessive force against supporters of Raila Odinga.
Uhuru Muigai Kenyatta Uhuru Kenyatta Deputy prime minister and finance minister
The son of Kenya’s founding president. Lost 2002 elections to Mwai Kibaki but backed him in 2007. His name means freedom in East Africa’s Swahili language. Like President Kibaki, a member of Kenya’s Kikuyu community – the country’s largest. Faces similar charges to Muthaura and Ali of developing a plan to take revenge for attacks on Kikuyus and keep Kibaki in power. Kenyatta was allegedly the focal point between the government and the Kikuyu Mungiki sect, which was sent to the Rift Valley, setting up road blocks and going house-to-house, killing some 150 suspected Odinga supporters.

Hussein AliP

Police chief during violence, now head of Postal Corporation Came to the police from Kenya’s Air Force. Made his name for cracking down on Nairobi’s Mungiki sect. From Kenya’s ethnic Somali community, which was not directly linked to the violence. Faces similar charges to Muthaura and Kenyatta of developing a plan to take revenge for attacks on Kikuyus and keep President Kibaki in power. Allegedly gave “shoot to kill” order to police after instruction from Muthaura. ICC says at least 100 Odinga supporters killed after indiscriminate police shooting.

Hussein Ali

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ICC war crimes suspect travels in UN helicopter

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ICC proved double standard & impartial, accused 6 Kenyans let Ethiopian electoral genocidal killers Run free…

Luis Moreno-Ocampo the prosecutor of ICC International Criminal Court  Charges Six Kenyan of murder, forced evictions, rape, torture and persecution. He confirmed that their actions, in more than 1,100 people being killed, 3,500 injured and more than 600,000 being displaced from their homes as far back as December 2006.  This was one year after the Ethiopian election massacre committed by Melese Zenawie’s forces but still not charged, ICC plays double standard when it comes to Ethiopia either in election or in genocide. The Ethiopian dictator has been in power for two decades by dumping votes and killing the innocent. In 2005 election the Ethiopian dictator killed 197 innocent demonstrators and jailed thousands after losing the election. He still reigns with terror and killing. He even started moving over a million inhabitants of three regions of Gambella, Ogaden and Benishengul since the inhabitants did not vote  in the last election in favor of  the dictator. For such Stalinian type mass forced inhuman deportation, the    pretext is  better services and development projects. The same method was used by the totalitarian regime of the fallen communist strong man Mengistue Haile Mariamin 1980’s.  The ecomical reason for today’s mass forced displacement in large scale is to sell their land for the international grabbers.  The Ethiopian electoral killer  Melese Zenawie stand accused of  Annuak genocide by international genocide watch  to this day , but still waiting  international arrest warrant from  Mr. Luis Moreno-Ocampo, who plays a double standard by favoring the Ethiopian killer. The Kenyan and Ethiopians blood is one and the same why to differentiate ? Such a double standard   destroys the image of such a great court of justice. The court has been accused in the past for its double standard when it comes to war crimes , but it is the first time when it comes to electoral killing in the  continent of Africa. Such impartiality made ICC  lose it’s  credibility and power vis a vis the rug dictators of  Africa.

Statement by ICC Prosecutor Luis Moreno-Ocampo on Kenya

ICC-CPI-20101214-PR614

As you know, tomorrow I will file two applications for summonses to appear for six individuals we believe are the most responsible for the post-election violence.

I believe summonses are sufficient to ensure the appearance of all six suspects. But as ICC Prosecutor, I am requesting that clear conditions be imposed on them, namely:

  • To frequently update the Court on all their personal contact details and whereabouts;
  • Not to make any personal contact with any of the other suspects, unless through their legal counsel to prepare their defence;
  • Not to approach any perceived victims or witnesses of crimes;
  • Not to attempt to influence or interfere with witness testimony;
  • Not to tamper with evidence or hinder the investigation;
  • Not to commit new crimes.

In addition, they must respond to all requests by ICC judges; they must attend all hearings when required, and post bond if the judges so instruct them.

These conditions are strict. They are in accordance with the Rome Statute and ICC rules.

Let me be clear.

If the suspects do not comply with the conditions set by the Chamber, I will request arrest warrants.

If there is any indication of bribes, intimidation or threats, I will request arrest warrants.

I expect the suspects to indicate to the Chamber shortly their intention to surrender voluntarily.

Statement by ICC Prosecutor Luis Moreno-Ocampo on Kenya

ICC-CPI-20101214-PR614

As you know, tomorrow I will file two applications for summonses to appear for six individuals we believe are the most responsible for the post-election violence.

I believe summonses are sufficient to ensure the appearance of all six suspects. But as ICC Prosecutor, I am requesting that clear conditions be imposed on them, namely:

  • To frequently update the Court on all their personal contact details and whereabouts;
  • Not to make any personal contact with any of the other suspects, unless through their legal counsel to prepare their defence;
  • Not to approach any perceived victims or witnesses of crimes;
  • Not to attempt to influence or interfere with witness testimony;
  • Not to tamper with evidence or hinder the investigation;
  • Not to commit new crimes.

In addition, they must respond to all requests by ICC judges; they must attend all hearings when required, and post bond if the judges so instruct them.

These conditions are strict. They are in accordance with the Rome Statute and ICC rules.

Let me be clear.

If the suspects do not comply with the conditions set by the Chamber, I will request arrest warrants.

If there is any indication of bribes, intimidation or threats, I will request arrest warrants.

I expect the suspects to indicate to the Chamber shortly their intention to surrender voluntarily.

Source: Office of the Prosecutor

Kenya’s post election violence: ICC Prosecutor presents cases against six individuals for crimes against humanity

ICC-OTP-20101215-PR615

ICC Prosecutor Luis Moreno-Ocampo today requested the International Criminal Court to issue summonses to appear against six Kenyan citizens to face justice for massive crimes committed during the post-election violence (PEV) in Kenya.

The Prosecutor has concluded there are reasonable grounds to believe crimes against humanity were committed, in the first Prosecution case, by:

1. William Samoei Ruto – currently: Minister of Higher Education, Science and Technology (suspended), MP for Eldoret North and during the PEV, MP for Eldoret North. The Prosecution considers that he was one of the principal planners and organizers of crimes against PNU supporters;

2. Henry Kiprono Kosgey – currently: Minister of Industrialization, MP for Tinderet Constituency, ODM Chairman and during the PEV: MP for Tinderet. The Prosecution considers that he was one of the principal planners and organizers of crimes against PNU supporters; and

3. Joshua Arap Sang – currently Head of Operations, KASS FM and during the PEV: Radio broadcaster. The Prosecution considers that he was one of the principal planners and organizers of crimes against PNU supporters.

And in the second Prosecution case, by:

4. Francis Kirimi Muthaura – during the PEV and to date: Head of the Public Service and Secretary to the Cabinet and Chairman of the National Security Advisory Committee. The Prosecution considers that he authorized the Police to use excessive force against ODM supporters and to facilitate attacks against ODM supporters.

5. Uhuru Muigai Kenyatta – currently: Deputy Prime Minister and Minister of Finance. The Prosecution considers that during the PEV he helped to mobilize the Mungiki criminal organization to attack ODM supporters; and

6. Mohamed Hussein Ali – currently: Chief Executive of the Postal Corporation of Kenya and during the PEV he was Commissioner of the Kenya Police. The Prosecution considers that during the PEV he authorized the use of excessive force against ODM supporters and facilitated attacks against ODM supporters.

“The post election period of 2007-2008 was one of the most violent periods of the nation’s history,” said the Prosecutor.

The post election attacks left more than 1, 100 people dead, 3,500 injured and up to 600, 000 forcibly displaced. During 60 days of violence, there were hundreds of rapes, possibly more, and over 100, 000 properties were destroyed in six of Kenya’s eight provinces.

“These were not just crimes against innocent Kenyans”, said Prosecutor Moreno-Ocampo. “They were crimes against humanity as a whole. By breaking the cycle of impunity for massive crimes, victims and their families can have justice. And Kenyans can pave the way to peaceful elections in 2012.”

The judges of Pre-Trial Chamber II will now review the evidence. If they determine that there are reasonable grounds to believe that the six persons named committed the alleged crimes, they will decide on the most appropriate way to ensure their appearance in Court. The Prosecution has requested Summonses to Appear.

15.12.2010 – Prosecutor’s Application Pursuant to Article 58 as to William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang

15.12.2010 – Prosecutor’s Application Pursuant to Article 58 as to Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali

Summary of the Application

1. As early as December 2006, WILLIAM SAMOEI RUTO (“RUTO”) and HENRY KIPRONO KOSGEY (“KOSGEY”), prominent leaders of the Orange Democratic Movement (“ODM”) political party, began preparing a criminal plan to attack those identified as supporters of the Party of National Unity (“PNU”).[1]JOSHUA ARAP SANG (“SANG”), a prominent ODM supporter, was a crucial part of the plan, using his radio program to collect supporters and provide signals to members of the plan on when and where to attack. RUTO, KOSGEY and SANG coordinated a series of actors and institutions to establish a network, using it to implement an organizational policy to commit crimes. Their two goals were: (1) gain power in the Rift Valley Province, (“Rift Valley”) and in Kenya Central Government, (2) punish and expel from the Rift Valley those perceived to support PNU (collectively referred to as “PNU supporters”).

2. Kenyans voted in the presidential election on 27 December 2007. On 30 December 2007, the Electoral Commission of Kenya declared that Mwai Kibaki, presidential candidate for the PNU had won the election. The announcement triggered one of the most violent periods in Kenya’s history. The Prosecution will present some of the incidents, identifying those who are most responsible.

3. Thousands of members of the network (“perpetrators”) cultivated by RUTO, KOSGEY and SANG began to execute their plan by attacking PNU supporters immediately after the announcement of the presidential election results on 30 December 2007. On 30-31 December 2007, they began attacks in target locations including Turbo town, the greater Eldoret area (Huruma, Kimumu, Langas, and Yamumbi), Kapsabet town, and Nandi Hills town. They approached each location from all directions, burning down PNU supporters’ homes and businesses, killing civilians, and systematically driving them from their homes. On 1 January 2008, the church located on the Kiambaa farm cooperative was attacked and burned with more than hundred people inside. At least 17 people died. The brunt of the attacks continued into the first week of January 2008.

4. All identified attacks occurred in a uniform fashion. Perpetrators gathered at designated meeting points outside of locations selected for attack. There, they met Coordinators, who organized the perpetrators into groups with assigned tasks. Perpetrators then attacked target locations. Some perpetrators approached on foot, while others were driven or in trucks, previously arranged. SANG helped coordinate the attacks using coded language disseminated through radio broadcasts.

5. In response to RUTO, KOSGEY and SANG’s planned attacks on PNU supporters, as well as to deal with protests organized by the ODM, prominent PNU members and/or Government of Kenya officials Francis Kirimi MUTHAURA (“MUTHAURA”), Uhuru Muigai KENYATTA (“KENYATTA”), and Mohammed Hussein ALI (“ALI”) developed and executed a plan to attack perceived ODM supporters in order to keep the PNU in power.

6. First, under the authority of the National Security Advisory Committee, of which MUTHAURA and ALI were Chairman and a member, respectively, the Kenya Police in joint operations with the Administration Police (“Kenyan Police Forces”) were deployed into ODM strongholds where they used excessive force against civilian protesters in Kisumu (Kisumu District, Nyanza Province) and in Kibera (Kibera Division, Nairobi Province). As a consequence, between the end of December 2007 and the middle of January 2008, the Kenyan Police Forces indiscriminately shot at and killed more than a hundred ODM supporters in Kisumu and Kibera.

7. Second, MUTHAURA, KENYATTA and ALI also developed a different tactic to retaliate against the attacks on PNU supporters. On or about 3 January 2008, KENYATTA, as the focal point between the PNU and the criminal organization the Mungiki, facilitated a meeting with MUTHAURA, a senior Government of Kenya official, and Mungiki leaders to organize retaliatory attacks against civilian supporters of the ODM. Thereafter, MUTHAURA, in his capacity as Chairman of the National Security Advisory Committee (“NSAC”), telephoned ALI, his subordinate as head of the Kenya Police, and instructed ALI not to interfere with the movement of pro-PNU youth, including the Mungiki. KENYATTA additionally instructed the Mungiki leaders to attend a second meeting on the same day to finalize logistical and financial arrangements for the retaliatory attacks.

8. As a consequence, the Mungiki and pro-PNU youth attacked ODM civilian supporters in Nakuru (Nakuru District, Rift Valley Province) and Naivasha (Naivasha District, Rift Valley Province) during the last week of January 2008. During these attacks, the attackers identified ODM supporters by going from door to door and by setting up road blocks for intercepting vehicles, killing over 150 ODM supporters.

9. The violence resulted in more than 1,100 people dead, 3,500 injured, approximately 600,000 victims of forcible displacement, at least hundreds of victims of rape and sexual violence and more than 100,000 properties destroyed in six out of eight of Kenya’s provinces. Many women and girls perceived as supporting the ODM were raped.


[1] This is a coalition of parties including the Kenya African National Union (KANU), Ford-Kenya, Ford-People, Democratic Party and the National Alliance Party of Kenya.

Source: Office of the Prosecutor

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says that Mr Sang used his radio program  to collect supporters and provide signals to members of the plan on when and where to attack.

“Their two goals were:

(1) to gain power in the Rift Valley Province and ultimately in the Republic of Kenya, and

(2) to punish and expel from the Rift Valley those perceived to support the PNU,” Mr Moreno-Ocampo’s application says.

Immediately after President Kibaki was announced as the winner of the 2007 presidential election, Mr Moreno-Ocampo adds, thousands of members of the network put together by the three accused began to execute their plan by attacking PNU supporters.

He states that on December 30 and 31, they attacked several locations including Turbo Town, the greater Eldoret area (Huruma, Kimumu, Langas, and Yamumbi), Kapsabet Town, and Nandi Hills Town.

“They approached each location from all directions, burning down PNU supporters’ homes and businesses, killing civilians, and systematically driving them from their homes,” the application reads.

The three are accused of coordinating the burning of the Kiambaa church where at least 17 people died.

Mr Moreno-Ocampo says in his application that all the attacks occurred in a uniform fashion. The perpetrators gathered at designated meeting points outside of locations selected for attack, he says.

“There, they met coordinators, who organised the perpetrators into groups with assigned tasks. Perpetrators then attacked target locations. Some perpetrators approached on foot, while others were driven in trucks,” the prosecutor says.

He adds that Mr Sang helped coordinate the attacks using coded language disseminated through radio broadcasts.

Mr Moreno-Ocampo says that in response to the attacks by the three “prominent PNU members and/or Government of Kenya officials Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali developed and executed a plan to attack perceived ODM supporters in order to keep the PNU in power.”

He accuses the National Security Advisory Committee, which was chaired by Mr Muthaura and where Mr Ali was a member, of authorising and deploying the police into ODM strongholds.

During the operation, he adds, the officers used excessive force against civilian protesters in Kisumu and in Kibera, Nairobi.

“As a consequence, between the end of December 2007 and the middle of January 2008, the Kenyan Police Forces indiscriminately shot at and killed more than a hundred ODM supporters in Kisumu and Kibera,” the application reads.

The three are also accused of developing a different tactic to retaliate against the attacks on PNU supporters.

The application says that on or about January 3, 2008 Mr Kenyatta, as the focal point between the PNU and the Mungiki criminal organisation, facilitated a meeting with Mr Muthaura and Mungiki leaders to organise retaliatory attacks against civilian supporters of the ODM.

“Thereafter, Mr Muthaura, in his capacity as Chairman of the National Security Advisory Committee, telephoned Mr Ali, his subordinate as head of the Kenya Police, and instructed Mr Ali not to interfere with the movement of pro-PNU youths, including the Mungiki,” reads the application.

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