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

October 23, 2008

S I E R R A  H E R A L D

Vol 6 No 9

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

Appendix “D”

Case Study #1450

The witness is a 49 year old farmer and mother of 12 children of whom seven

remain alive. She lives in Kisumu. This study demonstrates the desperate

personal situation that some victims have found themselves in as a result of the

PEV. There also seems little follow-up or contact with the victim on the part of

authorities. Identifying material has been removed from the original statement.

She told the Commission that,

“I have lived there throughout my married life. My neighbours were Luos and

Kisiis, the majority of them being the Luos. Before the violence, we used to live

well with our Kisii neighbours. We were good friends. Things changed during the

voting. The Luos would say that all Kisiis will leave our Kisumu. On 29 December

2007, Luos were screaming and heading to town.

On 10 January, 2008, at around 8 am in the morning, my husband and I went to

our shamba, in Nyamthoi. I wanted to get some vegetables for the family and my

husband had accompanied me there. At around 1 pm, my son came running to

where we were. I asked her what he wanted. He told me that our house was on

fire. My husband boarded his bicycle and left to check. My son and I walked home

on foot. On arriving at my house, I found that everything had been burnt but the

house was still on fire. The fire began at the bedroom area. I found people trying to

put the fire out using water. The fire was then at the roof and had started burning

the iron sheet. I do not know who burnt my house and why.

I do not think is had anything to do with politics because none of my children were

vying for the civic seats. I did not report to the police then because people were

demonstrating in town and the police were shooting regardless whether or not you

were on the wrong. The roads toward town were impassable. I however was able

to report 7 June 2008. They police officers gave me an OB number. I also

registered the number of things burnt in my house. The police have done nothing

from the date when I reported till now.

On 15 January, 2008, I went to the same shamba, but this time I was alone.

I went there to get vegetables for the family. It was about 11 am in the

morning. As soon as I started plucking the vegetables, on turning I saw 5

men coming towards me. They were young men, dressed in trousers and

vests. The conspicuous thing about them is that they had ‘rastasdreadlocks.’

They said to me ‘Ooh wewe ndio unasikia mzuri, unachuna

mboga na sisi tunasikia mbaya…sasa tumepata- oh you are the person

feeling good…you are still plucking vegetables when we are feeling we have found you. They were speaking in Kiswahili. I was not

able to tell their tribes because they were all speaking in Kiswahili and they

all had dreadlocks.

One of the men held me on the waist, lifted me and threw me on the ground.

Another man tore my panties and they started raping. One held my mouth so that

I do not scream. I was trying to keep my legs together but one man held one of my

legs while another held my other leg and kept my legs apart. There were no

houses nearby. They raped me in turns. All the men raped me. Once they were

done with me, they headed to a bush that on the way to Nyalenda. The bushes

are near a river, Nyamasaria.

I was not even able to pluck the vegetables that I had gone to cut. I just picked my

basket and headed home. I was walking slowly. I was under a lot of pain; my

hips were paining very much. I got to my house at around 4 pm. I told my

husband, who was at home by then, of what had happened to me. I did not go to

the hospital then because as I had started, the roads were impassable. I still

haven’t gone to the hospital to seek medical advice. I fear that since I have taken

long before going to the hospital, the people at the hospital may never understand

my predicament. I also did not report this to the police.

I still live in my burnt house and I fear that should it be very windy, the wind is

going to blow off the roof. I have not been able to repair my house and when it

rain, water get into my house.

My husband passed on 23 February 2008 at his place of work where he had

been employed as a watchman. He was employed at the Wandiege Primary

School. On the night of 23 February, 2008, my husband was attacked by

unknown people, killed and placed in a classroom. His body was picked by the

police officers from Kondele Police station on 24 February 2008. They still have not

done any investigation to ascertain who killed my husband.

I have been affected by post election violence. My life has changed since I was

raped, my house was burnt and the death of my husband. I do not have a

livelihood. My husband is dead and there is no income. I do not even know who

will rebuild my house. I rely on people to help me. The clothes that my children

wear, those that I wear, beddings have all come from people. Food has been a

problem. I have to sell some vegetables to get some flour.”

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