Thursday, January 26, 2012



Posted  Wednesday, January 25  2012 at  22:30
  • Information revealed graphic details of planned attacks but the state did not act
Reports filed by the national spy agency played a key role in convincing International Criminal Court judges that four suspects who now face trial in The Hague have a case to answer.
The situation analyses by the National Security Intelligence Service (NSIS) were used to corroborate witness testimonies, especially relating to the violence in Naivasha, Nakuru and the North Rift.
In their decision, the judges indicated that NSIS reports submitted to the Waki Commission which investigated the post election violence and were later passed on to the ICC prosecutor were used to reinforce arguments by witnesses who incriminated the suspects.
NSIS Director-General Michael Gichangi testified before the Waki commission on July 21, 2008 and part of his evidence was adduced in camera.
He said that NSIS had names of politicians who bank rolled militias to cause violence and requested to reveal their identities in private.
“We established they were politicians who were seeking elective posts such as civic leaders and Members of Parliament as well as others from the private sector,”  he said.
ICC Pre-trial judges have committed Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, Head of Public Service Francis Muthaura, and radio presenter Joshua arap Sang to trial in connection with 2008 killings in Naivasha, Nakuru and Rift Valley.
Although the defence teams had hoped to demonstrate that the witnesses relied upon by the prosecution were unreliable, the Pre-Trial Chamber found that many of their assertions were backed up by official government records produced by the spy agency.
The judges also relied on reports by the Kenya National Commission on Human Rights, International Crisis Group, Human Rights Watch and the Waki commission.
The detailed analysis of the situation on the ground prior to the major attacks which took place during the weeks of mayhem also show that the government was aware of plans for violence but did little to prevent it.
The agency indicated that by November 2007, Kalenjin youth were already harbouring plans to attack the Kikuyu and Kisii in parts of Rift Valley to disenfranchise the two communities for supporting certain politicians.
The judges cited NSIS situation reports of January 23, 2008 which explicitly mention a suspect allegedly organising Mungiki members to attack non-Kikuyus.
Similarly, on January 15, 2008, the NSIS reported that “Kikuyu youth in Naivasha were planning to revenge violence meted to their kinsmen in Narok by attacking the Maasai, the Luhya and the Luo in Naivasha.”
In a January 2008 report, NSIS said that “some senior Kalenjin personalities were funding ODM activists to organise youth for violence.”
Planned attacksIn his testimony before the Waki commission, Major-Gen Gichangi pointed out that some youths took oaths to commit atrocities during the post-election period.
They did this with blessings from politicians.
As early as January 3, 2008, the spy agency had information that Mungiki members were meeting to carrying revenge attacks on Luos and Kalenjins travelling along Nairobi-Naivasha highway.”
On January 28, 2008, it reported allegations that armed Mungiki sect members wearing  police uniforms had been moving from house to house in Nakuru posing as police officers in search of members of certain communities whom they would then attack.

Add a comment (1 comments so far)
  1. Submitted by jpchibole
    During the confirmation hearing, the lawyers of the accused mentioned the name of Raila more than Kibaki's. However the final verdict from the judges mention Kibaki more than Raila. By the way is there anywhere Raila is mentioned in the judges' report?
    Posted  January 26, 2012 12:25 AM