No.

ICC-01/09-02/11 1/9 22 September 2014

Annex A
Public
ICC-01/09-02/11-955-AnxA 22-09-2014 1/9 NM T
No.ICC-01/09-02/11 2/9 22 September 2014
Eleventh Periodic Report on the general situation of victims in the case of The
Prosecutor v. Uhuru Muigai Kenyatta and the activities of the VPRS and the Common
Legal Representative in the field
Introduction
1. During the reporting period, the CLR reported that he personally met with 230
persons, 154 of whom were registered to participate in the case of The Prosecutor
v. Uhuru Muigai Kenyatta (the Case). The CLRs field team also consulted with
380 victims through telephone communication on the various issues that arose
during the reporting period. According to the information available to the
Registry, the total number of victims verified as within the scope of the Case by
the CLR now stands at 725.
2. During the same period, staff fromthe VPRS met with approximately 250 victims
of the situation to inform them of their status and participated in information and
training exercises involving approximately 50 intermediary organisations.
3. The present report will cover the following topics:
a) Information concerning the activities of the CLR in the field;
b) Information concerning the activities of the VPRS.
A. Information concerning the activities of the CLR in the field
4. In accordance with the 3 October Decision, the CLR has provided the VPRS with
detailed information relating to his activities amongst the victims.
1
The CLR
indicated that, during the reporting period, his team has maintained constant
communication by telephone with victims registered to participate in the present
Case. In total, the CLR reports that 380 persons were consulted in this manner for
the following purposes:
a) To transmit key messages following the Status Conference held on 9 July
2014 as well as other developments in the Case and to collect the resultant
views and concerns;
b) To address concerns of the victims following the Prosecutors filing of 5
September 2014 requesting for an adjournment in the Case until the
Government of Kenya (the GoK) fully complies with the Prosecutors
revised request for assistance;
1
All of the information pertaining to the CLRs activities was provided by memorandum to the VPRS
by the CLR on 10 July 2014.
ICC-01/09-02/11-955-AnxA 22-09-2014 2/9 NM T
No.ICC-01/09-02/11 3/9 22 September 2014
c) To collect the views of victims ahead of the filing submitted by the CLR on
10 September 2014.
5. In an effort to communicate certain messages to the wider victim population, the
CLR reported that he gave interviews on popular radio stations in the Nyanza
and Western Regions
2
and also made several televised appearances on a national
television station. According to the CLR, these efforts stimulated communication
from victims who had seen or heard the messages in the media and facilitated the
reception of further views and concerns.
6. The CLR and his team conducted two missions during the reporting period
where victims were verified to participate in the present Case. In August, 230
persons went through the verification process and 154 of these persons were
deemed to have fallen within the scope of the case by the CLR and his team. The
detailed statistics and general situation of the participating victims met during
this mission are presented below. In September a mission was also conducted
with the victims involving staff from VPRS. However, due to the short period
between the completion of the mission and the filing deadline, the details from
this mission will be conveyed to the Chamber in the next periodic report.
Meeting 1
Location: Migori County, Nyanza
Province
Category: Previously and Newly
Registered Victims
Detailed Statistics
The CLR met with 29 victims, including 21 who were registered for the first time,
from the Luo and Luhya communities in Migori County. The new members of
the group include 9 adult men and 12 adult women, including one vulnerable
person who is of advanced age. All victims in this group allege they were
forcefully evicted from their homes during the Post-Election Violence
(the PEV) period and that they lost their property. Some examples of the
property lost include: land, carpentry tools; grocery shop stock; welding
equipment; bakery stock; and stock of fish for sale.
Six of the victims in this group reported having been physically attacked during
the PEV and the details of the attacks are provided below:
One victim reported that he was beaten severely because he was not
circumcised;
One victim reported that his wife was attacked and that her arm was cut
2
The CLR notes that most of his clients currently reside in these regions despite having suffered harm in the
Rift Valley.
ICC-01/09-02/11-955-AnxA 22-09-2014 3/9 NM T
No.ICC-01/09-02/11 4/9 22 September 2014
off;
One victim reported that he was hit on the leg with a panga (machete);
One victim reported that he was hit over the head with a blunt object;
One victim reported that his leg was broken during a struggle with
attackers; and
One victim reported that he was hit with blunt objects and later partially
burned.
One of the members of the group reported having been gang raped. The victim
reported that she was beaten and gang raped by four members of the Mungiki
and that as a result she contracted the HIV virus. The victim also mentioned that
during the violence, an armed group attacked her business premises and stabbed
one of her employees (eventually leading to the death of this individual) and
raped and beat another of her employees. The victim was reportedly
hospitalised for three months following the attack. All of the victims in this
group reported that they witnessed gross human rights violations during the
PEV which resulted in psychological harm.
General Situation
According to the CLR, the victims in this group are in urgent need of financial,
educational, psycho-social and medical support and assistance. All of the
members of the group lost their primary source of income as a result of the PEV
and many are now relegated to undertaking casual labour and subsistence
farming. Some of the victims stated that they have on numerous occasions slept
hungry. Some other group members mentioned that their children have also
been forced to drop out of school and engage in income generating activities for
the family even though this is criminal activity in Kenya according to child
labour laws. Some victims have also mentioned that they are still traumatized by
what they witnessed and experienced during the PEV and some added that they
are in urgent need of medical and psychological support and assistance.
According to the CLR, the victims request that the Trust Fund for Victims (the
TFV) should begin work in Kenya and provide assistance where possible on
the above mentioned topics.
Meeting 2
Location: Kisumu County, Nyanza
Province
Category: Previously and Newly
Registered Victims
Detailed Statistics
ICC-01/09-02/11-955-AnxA 22-09-2014 4/9 NM T
No.ICC-01/09-02/11 5/9 22 September 2014
The CLR met with 91 victims, 58 of whom were registered for the first time, from
the Luo community. The new members of the group include 23 adult men and 35
adult women, including four vulnerable persons who are of advanced age, one
who is living with physical disabilities and confined to a wheelchair and one
who suffers from undiagnosed tremors. Each new member of the group alleged
that they were victims of forced displacement and that they lost property
through destruction and looting during the PEV. This includes homes and
businesses, household goods, trade tools and personal effects. Fourteen of the
victims in this group reported having been physically attacked during the PEV
and the details of the attack are provided below:
One of the victims reported that her husband was hit with a panga on his
flank and that he later died from complications from this injury. She also
reported that she miscarried during the violence and that she continues to
suffer from associated complications;
Six of the victims reported that they or their loved ones were badly beaten
during the PEV with certain attacks resulting in death;
Four additional victims reported suffering frompanga attacks;
One victim reported that she was stepped on and undressed by attackers
but managed to avoid being raped by fleeing to a nearby petrol station
where she was rescued;
One victim reported that her husband was shot in the arm;
One victim reported that her child was struck in the face with a stone
which resulted in the loss of an eye;
Three members of the group reported that they were gang raped during the PEV.
One of the victims stated that she was gang raped by five men and that as
a result of the attack she contracted the HIV virus and continues to suffer
from psychological trauma;
One of the victims stated that she was gang raped by an unknown
number of men and that during the attack she lost consciousness and
woke up weeks later in her rural home confused and distressed;
One of the victims stated that she was gang raped by three men who also
beat her and knocked out all of her front teeth. As a result of the attack,
the victim reported that her husband abandoned her and that she is now
forced to reside in a church compound.
Seven members of the group reported the murder of a loved one during the
violence period.
One of the victims reported that her husband was hit with a club and
beaten to death while on the ground;
One of the victims reported that she had given birth a day before the
violence broke out and that her family fled to a maize plantation for four
days. Her husband left the hiding place after four days to look for food
ICC-01/09-02/11-955-AnxA 22-09-2014 5/9 NM T
No.ICC-01/09-02/11 6/9 22 September 2014
and was shot and killed;
Three of the victims reported that their children had been killed during
the violence and two of the victims reported that their close family
members were murdered.
All of the victims in this group reported that they witnessed gross human rights
violations during the PEV which resulted in psychological harm.
General Situation
According to the CLR, the victims emphasised that some are living with
disabilities and some are seriously ill, yet none of the victims in this group have
received any assistance from the GoK. Some of the victims expressed further
concerns that many have died since the commencement of the Case while others
added that they still suffer from the grave psychological effects stemming from
what they witnessed and experienced during the violence. According to the CLR,
many of the victims in this group are in need of medical and psychological
support and assistance. Some of the victims specifically queried what the role of
the TFV was in relation to assistance while the Case was still in court.
Meeting 3
Location: Siaya County, Nyanza
Province
Category: Previously and Newly
Registered Victims
Detailed Statistics
This Siaya County group consisted of 37 victims, 21 of whom were registered for
the first time, from the Luo community. The members of the group include 8
adult men and 13 adult women including three vulnerable persons who are of
advanced age. All the victims in this group allege that they were forcibly evicted
from their homes in Nakuru or Naivasha during the PEV and each reported
property loss through either looting or destruction. Apart from houses and land,
the victims reported the loss of business stock and trade tools including:
cereals/wheat; welding equipment; and salon equipment. Five of the victims in
this group reported having been physically attacked during the PEV and the
details of the attack are provided below:
One victim reported that he, his wife and his two children were severely
beaten by youths and that he lost his front teeth and continues to have
trouble swallowing;
One victim reported that she was beaten with a wooden club and lost all
of her front teeth;
One victim reported that she was struck three times with a panga and later
raped;
One victim reported that he was stabbed in the face and the stomach by a
youth;
One victim reported being stoned by a mob.
ICC-01/09-02/11-955-AnxA 22-09-2014 6/9 NM T
No.ICC-01/09-02/11 7/9 22 September 2014
Another member of this group reported that his close family member was
murdered during the PEV. All of the victims in this group reported that they
witnessed gross human rights violations during the PEV which resulted in
psychological harm.
General Situation
According to the CLR, all of the victims in this group lost their sources of income
during the PEV. The group includes tradesmen and women such as tailors,
carpenters, painters, welders and hairdressers all of whom have now
reportedly been relegated to casual labourers and subsistence farmers. The
victims reported that being unable to provide for their families has left them
feeling humiliated and dissatisfied.
Some of the group members reported that they had to take their children out of
school because they can no longer afford school fees while others suggested that
keeping their children in school was a constant struggle. Many in the group
stated that they were in need of psychological support in order to better cope
with the violence that they experienced while others are in obvious need of
medical assistance. According to the CLR, the victims were interested in the role
of the TFV and asked when the TFV might come to Kenya to assist them.
Meeting 4
Location: Busia County, Western
Province
Category: Previously and Newly
Registered Victims
Detailed Statistics
The CLR met with 39 victims, 18 of whom were registered for the first time, from
the Luhya, Teso and Luo communities in Busia County. The group was
composed of 9 adult men and 9 adult women and includes one vulnerable
person who is of advanced age. All the victims in this group allege being
forcefully evicted from their residences in Naivasha or Nakuru during the
violence period. Each group member also alleged property loss, which included
household goods, personal effects, trade tools and business stock. Many of the
victims in this group reported the loss of loved ones, described in the following
ways:
One victim reported that his wife was beaten and raped, that she
contracted HIV, and that she died two months later as a result of shock;
One victim reported that his son was hacked to death with pangas;
One victim reported that her husband was knocked from his bicycle as he
ICC-01/09-02/11-955-AnxA 22-09-2014 7/9 NM T
No.ICC-01/09-02/11 8/9 22 September 2014
was trying to flee by a gang of men holding pangas. He was beaten and
burned alive;
One victim reported that his brother was murdered and that his body was
left in a dump;
One victim reported that after his wife was murdered, he was severely
beaten and his genitals removed/mutilated;
One victim reported that, while fleeing for safety, her two year old
daughter fell on a stone and later died from her injury.
All of the victims in this group reported that they witnessed gross human rights
violations during the PEV which resulted in psychological harm.
General Situation
According to the CLR, the victims in this group are under considerable economic
strain due to the loss of their land and personal property and many continue to
live with persistent physical and psychological trauma. The victims reported that
providing an education for their children and grandchildren is one of the most
pressing issues that they face. One group member reported that in her old age,
she struggles to pay for the school fees of her grandchildren following the
murder of her son and the disappearance of her daughter-in-law during the PEV.
Another victim mentioned that he struggles alone to look after his four children
following his wifes murder during the PEV.
Other group members reported that they are still in need of psychological
counselling services. One member of the group reported that he struggles to cope
with the murder of his wife and his subsequent genital mutilation.
According to the CLR, the victims report that they consider the GoKs treatment
of victims to be biased against their ethnic communities and request that the TFV
come to Kenya and provide assistance.
Meeting 5
Location: Vihiga County, Western
Province
Category: Previously and Newly
Registered Victims
Detailed Statistics
The CLR met with 46 victims, 36 of whom were registered for the first time, from
the Luhya and Luo communities in Vihiga County. The group was composed of
18 adult men and 18 adult women including four vulnerable persons who are of
advanced age. Thirty five persons in attendance alleged being forcefully
displaced from their homes during the PEV and suffering from the loss of their
property. Four members of the group reported physical violence including the
following examples:
Two victims were hit with pangas, including one whose arm was severed
ICC-01/09-02/11-955-AnxA 22-09-2014 8/9 NM T
No.ICC-01/09-02/11 9/9 22 September 2014
from the shoulder;
Two victims were stoned while attempting to flee for safety.
Five members of the group reported the murder of a loved one under the
following circumstances:
Four victims reported that their close family members were killed while
attempting to flee the violence in Naivasha and Nakuru;
One victim reported that her brother, who was among the youths selected
to defend their housing compound, was dragged off by the Mungiki and
hacked to death with pangas;
According to the CLR, all of the victims in this group lost their sources of income
during the PEV.
General Situation
According to the CLR, all of the victims in this group lost their sources of income
during the PEV and continue to struggle to make ends meet. Some of the victims
are also struggling with unaddressed medical concerns. One of the victims was a
tailor before the violence and had his working arm cut off during the PEV. The
CLR reported that he has since adapted and learned to sew with his left hand yet
he has never received any proper medical attention nor any financial support
from the GoK. According to the CLR, the members of the group reported that
they have not been treated fairly by the GoK and requested that the TFV begin to
work in Kenya as soon as possible.
B. Information concerning the activities of the VPRS
7. During the reporting period the VPRS met with approximately 250 victims who
were assessed as outside the scope of the case in order to inform them of their
status and to provide updates on the activities of the Court in Kenya. During the
same period, staff from the VPRS also participated in and conducted training and
information sessions with approximately 50 local intermediary organisations in
Kenya on inter alia the victim registration system.
ICC-01/09-02/11-955-AnxA 22-09-2014 9/9 NM T