''All that is necessary for the triumph of evil is that good men do nothing'' - Edmund Burke


S I E R R A  H E R A L D

Vol 8 No 7

The tendency sometimes to protect perpetrators for the sake of peace...doesn't help society. Impunity should not be allowed to stand. - Kofi Annan on Waki report

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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.

17. RUTO 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 its candidates.

18. In 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.

19. To 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 representatives, particularly
SANG in his role as a prominent host on Kass FM; financiers; regional tribal Elders; and former members and leaders of Kenyan police and military sectors.

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.

21. At these meetings, RUTO, with KOSGEY and SANG, coordinated the Network by:

(1) selecting Commanders to oversee specific areas in the Rift Valley,

(2) creating a hierarchy below each Commander,

(3) coordinating transportation and logistics,

(4) coordinating the dissemination of meeting locations,

(5) fundraising,

(6) distributing RUTO’s money and promising rewards for every PNU supporter killed or property destroyed,

(7) paying direct perpetrators,

(8) identifying target areas, and

(9) providing guns, grenades and ammunition to the perpetrators to ensure that they
had the necessary resources to succeed.

Members of 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.

22. 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.

23. 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.

The brunt 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 attacks.

24. 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.

25. After 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 perceived PNU
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 executing attacks
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.

26. The 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 against humanity:

murder under Article 7(1)(a) of the Statute;

deportation or forcible transfer of population under Article 7(1)(d) of the Statute;

torture under Article 7(1)(f) of the Statute; and persecution based on political affiliation under Article 7(1)(h) of the Statute.

27. The 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 met.



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