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AGAINST INDUSTRIALISATION MINISTER HENRY KOGSEY, SUSPENDED EDUCATION
MINISTER WILLIAM RUTO AND RADIO JOURNALIST JOSHUA ARAP SANG.
STATEMENT OF THE FACTS PURSUANT TO ARTICLE 58(2)(c)
OF THE ROME STATUTE
16. The Rift Valley, one of eight provinces in Kenya, was the epicentre
of violence that followed the 2007 general election. It suffered the
greatest number of victims, including over 700 deaths, the largest share
of the injuries, and approximately 600,000 forcibly displaced persons.
The violence that erupted in the Rift Valley was not spontaneous;
rather, it was the product of planning and coordination led by RUTO,
together with KOSGEY and SANG.
and KOSGEY were both senior ODM politicians. RUTO was a member of the
five‐person ODM leadership structure called the Pentagon. KOSGEY was the
Chairman of ODM. RUTO and KOSGEY were running for re‐election for the
position of Member of Parliament (“MP”) in their respective
constituencies. SANG, while not a politician, was a prominent member of
the community, due to his position as a broadcaster on the most popular
vernacular radio station, Kass FM. SANG was a vocal supporter of ODM and
anticipation of the 2007 presidential election, RUTO, KOSGEY and SANG
created a plan to expel PNU supporters from the Rift Valley in the event
that the election were rigged. This plan would have the twofold effect
of punishing PNU
supporters and removing PNU supporters from the Rift Valley to gain
power by creating a future pro‐ODM voting block.
execute this plan, RUTO, with KOSGEY and SANG, created a Network of
perpetrators from existing structures in the Rift Valley (“the
Network”). The Network consisted of: pro‐ODM political figures; media
SANG in his role as a prominent host on Kass FM; financiers; regional
tribal Elders; and former members and leaders of Kenyan police and
20. In the
year before the 2007 election, RUTO, KOSGEY and SANG organized the
Network to plan, coordinate and later execute attacks on perceived PNU
supporters in the Rift Valley. At a series of meetings, rallies and
other events, they planned and incited attacks, and distributed
resources to subordinate members of the Network who would physically
execute the attacks.
these meetings, RUTO, with KOSGEY and SANG, coordinated the Network by:
selecting Commanders to oversee specific areas in the Rift Valley,
creating a hierarchy below each Commander,
coordinating transportation and logistics,
coordinating the dissemination of meeting locations,
distributing RUTO’s money and promising rewards for every PNU supporter
killed or property destroyed,
identifying target areas, and
providing guns, grenades and ammunition to the perpetrators to ensure
had the necessary resources to succeed.
the Network were indoctrinated to believe that Kibaki’s administration
planned to rig the presidential election, and to attack groups perceived
to support the PNU if the elections were rigged.
Kenyans voted in the presidential election on 27 December 2007. At 5:30
p.m. on 30 December 2007, the Electoral Commission of Kenya (“ECK”)
declared that Kibaki had won the election. The circumstances of his
victory were hotly contested by ODM.
Immediately following the announcement of the presidential election
results, the Network began to execute attacks against PNU supporters in
various locations in Uasin Gishu and Nandi Districts, including Turbo
town, the greater Eldoret area (Kiambaa, Yamumbi, Haruma, Kimumu and
Langas), Kapsabet town, and Nandi Hills town, with the intent to expel
them from the Rift Valley.
of the attacks occurred from 30 December 2007 through the first week of
January 2008. The crimes that are the subject of this Application
occurred predominantly within a 25 kilometre radius of a house that RUTO
owns in Sugoi (Uasin Gishu District), where he held meetings to plan the
Network’s attacks that are the subject of this Application occurred in a
uniform fashion. Perpetrators gathered at designated meeting points
outside of locations selected for attack, where they met their
Coordinators. After the
Coordinators organized the perpetrators into groups with assigned tasks,
the attacks were executed. While some perpetrators approached on foot,
trucks, previously arranged, often drove them to designated points of
attack. SANG used coded language disseminated through radio broadcasts
to help coordinate the attacks.
establishing roadblocks at all major roads around towns, including
Kapsabet town, Eldoret, Turbo town, and Nandi Hills town, perpetrators
attacked and burned properties previously identified as belonging to
supporters. They also killed some perceived PNU supporters. The attacks
sent hundreds to thousands of PNU supporters fleeing to nearby police
stations and churches for refuge. Perpetrators at roadblocks and those
demanded identification exposing victims’ membership in ethnic groups
believed to support PNU. Those from the groups perceived to support PNU
were attacked and in some instances killed on the spot.
Prosecution submits that on the basis of available evidence, and without
prejudice to other possible crimes within the jurisdiction of the Court,
there are reasonable grounds to believe that during the PEV, including
but not limited to the time period between 27 December 2007 and the end
of January 2008, RUTO, KOSGEY and SANG, committed the following crimes
under Article 7(1)(a) of the Statute;
deportation or forcible transfer of population under Article 7(1)(d) of
under Article 7(1)(f) of the Statute; and persecution based on political
affiliation under Article 7(1)(h) of the Statute.
Prosecution further submits that there are reasonable grounds to believe
that the requirements of direct/indirect coperpetration or of common
purpose criminal liability pursuant to Article 25(3)(a) or (d) have been