No.ICC-01/09-02/11 1/9 22 September 2014

Annex A

Public

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No.ICC-01/09-02/11 2/9 22 September 2014

Eleventh Periodic Report on the general situation of victims in the case of TheProsecutor 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 230persons, 154 of whom were registered to participate in the case of The Prosecutorv. Uhuru Muigai Kenyatta (the “Case”). The CLR’s field team also consulted with380 victims through telephone communication on the various issues that aroseduring the reporting period. According to the information available to theRegistry, the total number of victims verified as within the scope of the Case bythe CLR now stands at 725.

2. During the same period, staff from the VPRS met with approximately 250 victimsof the situation to inform them of their status and participated in information andtraining 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 withdetailed information relating to his activities amongst the victims.1 The CLRindicated that, during the reporting period, his team has maintained constantcommunication by telephone with victims registered to participate in the presentCase. In total, the CLR reports that 380 persons were consulted in this manner forthe following purposes:

a) To transmit key messages following the Status Conference held on 9 July2014 as well as other developments in the Case and to collect the resultantviews and concerns;

b) To address concerns of the victims following the Prosecutor’s filing of 5September 2014 requesting for an adjournment in the Case until theGovernment of Kenya (the “GoK”) fully complies with the Prosecutor’srevised request for assistance;

1 All of the information pertaining to the CLR’s activities was provided by memorandum to the VPRSby the CLR on 10 July 2014.

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c) To collect the views of victims ahead of the filing submitted by the CLR on10 September 2014.

5. In an effort to communicate certain messages to the wider victim population, theCLR reported that he gave interviews on popular radio stations in the Nyanzaand Western Regions2 and also made several televised appearances on a nationaltelevision station. According to the CLR, these efforts stimulated communicationfrom victims who had seen or heard the messages in the media and facilitated thereception of further views and concerns.

6. The CLR and his team conducted two missions during the reporting periodwhere victims were verified to participate in the present Case. In August, 230persons went through the verification process and 154 of these persons weredeemed to have fallen within the scope of the case by the CLR and his team. Thedetailed statistics and general situation of the participating victims met duringthis mission are presented below. In September a mission was also conductedwith the victims involving staff from VPRS. However, due to the short periodbetween the completion of the mission and the filing deadline, the details fromthis mission will be conveyed to the Chamber in the next periodic report.

Meeting 1Location: Migori County, NyanzaProvince

Category: Previously and NewlyRegistered Victims

Detailed StatisticsThe 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 ofthe group include 9 adult men and 12 adult women, including one vulnerableperson who is of advanced age. All victims in this group allege they wereforcefully evicted from their homes during the Post-Election Violence(the “PEV”) period and that they lost their property. Some examples of theproperty lost include: land, carpentry tools; grocery shop stock; weldingequipment; bakery stock; and stock of fish for sale.Six of the victims in this group reported having been physically attacked duringthe PEV and the details of the attacks are provided below:

One victim reported that he was beaten severely because he was notcircumcised;

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 theRift Valley.

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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 victimreported that she was beaten and gang raped by four members of the Mungikiand that as a result she contracted the HIV virus. The victim also mentioned thatduring the violence, an armed group attacked her business premises and stabbedone of her employees (eventually leading to the death of this individual) andraped and beat another of her employees. The victim was reportedlyhospitalised for three months following the attack. All of the victims in thisgroup reported that they witnessed gross human rights violations during thePEV 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 themembers of the group lost their primary source of income as a result of the PEVand many are now relegated to undertaking casual labour and subsistencefarming. Some of the victims stated that they have on numerous occasions slepthungry. Some other group members mentioned that their children have alsobeen forced to drop out of school and engage in income generating activities forthe family even though this is criminal activity in Kenya according to childlabour laws. Some victims have also mentioned that they are still traumatized bywhat they witnessed and experienced during the PEV and some added that theyare 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 onthe above mentioned topics.

Meeting 2Location: Kisumu County, NyanzaProvince

Category: Previously and NewlyRegistered Victims

Detailed Statistics

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The CLR met with 91 victims, 58 of whom were registered for the first time, fromthe Luo community. The new members of the group include 23 adult men and 35adult women, including four vulnerable persons who are of advanced age, onewho is living with physical disabilities and confined to a wheelchair and onewho suffers from undiagnosed tremors. Each new member of the group allegedthat they were victims of forced displacement and that they lost propertythrough destruction and looting during the PEV. This includes homes andbusinesses, household goods, trade tools and personal effects. Fourteen of thevictims in this group reported having been physically attacked during the PEVand the details of the attack are provided below:

One of the victims reported that her husband was hit with a panga on hisflank and that he later died from complications from this injury. She alsoreported that she miscarried during the violence and that she continues tosuffer from associated complications;

Six of the victims reported that they or their loved ones were badly beatenduring the PEV with certain attacks resulting in death;

Four additional victims reported suffering from panga 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 stationwhere 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 sufferfrom psychological trauma;

One of the victims stated that she was gang raped by an unknownnumber of men and that during the attack she lost consciousness andwoke up weeks later in her rural home confused and distressed;

One of the victims stated that she was gang raped by three men who alsobeat 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 nowforced to reside in a church compound.

Seven members of the group reported the murder of a loved one during theviolence period.

One of the victims reported that her husband was hit with a club andbeaten to death while on the ground;

One of the victims reported that she had given birth a day before theviolence broke out and that her family fled to a maize plantation for fourdays. Her husband left the hiding place after four days to look for food

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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 familymembers were murdered.

All of the victims in this group reported that they witnessed gross human rightsviolations during the PEV which resulted in psychological harm.

General Situation

According to the CLR, the victims emphasised that some are living withdisabilities and some are seriously ill, yet none of the victims in this group havereceived any assistance from the GoK. Some of the victims expressed furtherconcerns that many have died since the commencement of the Case while othersadded that they still suffer from the grave psychological effects stemming fromwhat they witnessed and experienced during the violence. According to the CLR,many of the victims in this group are in need of medical and psychologicalsupport and assistance. Some of the victims specifically queried what the role ofthe TFV was in relation to assistance while the Case was still in court.

Meeting 3Location: Siaya County, NyanzaProvince

Category: Previously and NewlyRegistered Victims

Detailed StatisticsThis Siaya County group consisted of 37 victims, 21 of whom were registered forthe first time, from the Luo community. The members of the group include 8adult men and 13 adult women including three vulnerable persons who are ofadvanced age. All the victims in this group allege that they were forcibly evictedfrom their homes in Nakuru or Naivasha during the PEV and each reportedproperty 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 inthis group reported having been physically attacked during the PEV and thedetails of the attack are provided below:

One victim reported that he, his wife and his two children were severelybeaten by youths and that he lost his front teeth and continues to havetrouble swallowing;

One victim reported that she was beaten with a wooden club and lost allof her front teeth;

One victim reported that she was struck three times with a panga and laterraped;

One victim reported that he was stabbed in the face and the stomach by ayouth;

One victim reported being stoned by a mob.

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Another member of this group reported that his close family member wasmurdered during the PEV. All of the victims in this group reported that theywitnessed gross human rights violations during the PEV which resulted inpsychological harm.

General Situation

According to the CLR, all of the victims in this group lost their sources of incomeduring the PEV. The group includes tradesmen and women such as tailors,carpenters, painters, welders and hairdressers – all of whom have nowreportedly been relegated to casual labourers and subsistence farmers. Thevictims reported that being unable to provide for their families has left themfeeling humiliated and dissatisfied.Some of the group members reported that they had to take their children out ofschool because they can no longer afford school fees while others suggested thatkeeping their children in school was a constant struggle. Many in the groupstated that they were in need of psychological support in order to better copewith the violence that they experienced while others are in obvious need ofmedical assistance. According to the CLR, the victims were interested in the roleof the TFV and asked when the TFV might come to Kenya to assist them.

Meeting 4Location: Busia County, WesternProvince

Category: Previously and NewlyRegistered Victims

Detailed StatisticsThe CLR met with 39 victims, 18 of whom were registered for the first time, fromthe Luhya, Teso and Luo communities in Busia County. The group wascomposed of 9 adult men and 9 adult women and includes one vulnerableperson who is of advanced age. All the victims in this group allege beingforcefully evicted from their residences in Naivasha or Nakuru during theviolence period. Each group member also alleged property loss, which includedhousehold goods, personal effects, trade tools and business stock. Many of thevictims in this group reported the loss of loved ones, described in the followingways:

One victim reported that his wife was beaten and raped, that shecontracted 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

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was trying to flee by a gang of men holding pangas. He was beaten andburned alive;

One victim reported that his brother was murdered and that his body wasleft in a dump;

One victim reported that after his wife was murdered, he was severelybeaten and his genitals removed/mutilated;

One victim reported that, while fleeing for safety, her two year olddaughter fell on a stone and later died from her injury.

All of the victims in this group reported that they witnessed gross human rightsviolations during the PEV which resulted in psychological harm.

General Situation

According to the CLR, the victims in this group are under considerable economicstrain due to the loss of their land and personal property and many continue tolive with persistent physical and psychological trauma. The victims reported thatproviding an education for their children and grandchildren is one of the mostpressing 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 themurder 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 childrenfollowing his wife’s murder during the PEV.Other group members reported that they are still in need of psychologicalcounselling services. One member of the group reported that he struggles to copewith the murder of his wife and his subsequent genital mutilation.According to the CLR, the victims report that they consider the GoK’s treatmentof victims to be biased against their ethnic communities and request that the TFVcome to Kenya and provide assistance.

Meeting 5Location: Vihiga County, WesternProvince

Category: Previously and NewlyRegistered Victims

Detailed StatisticsThe CLR met with 46 victims, 36 of whom were registered for the first time, fromthe Luhya and Luo communities in Vihiga County. The group was composed of18 adult men and 18 adult women including four vulnerable persons who are ofadvanced age. Thirty five persons in attendance alleged being forcefullydisplaced from their homes during the PEV and suffering from the loss of theirproperty. Four members of the group reported physical violence including thefollowing examples:

Two victims were hit with pangas, including one whose arm was severed

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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 thefollowing circumstances:

Four victims reported that their close family members were killed whileattempting to flee the violence in Naivasha and Nakuru;

One victim reported that her brother, who was among the youths selectedto defend their housing compound, was dragged off by the Mungiki andhacked to death with pangas;

According to the CLR, all of the victims in this group lost their sources of incomeduring the PEV.

General Situation

According to the CLR, all of the victims in this group lost their sources of incomeduring the PEV and continue to struggle to make ends meet. Some of the victimsare also struggling with unaddressed medical concerns. One of the victims was atailor before the violence and had his working arm cut off during the PEV. TheCLR reported that he has since adapted and learned to sew with his left hand yethe has never received any proper medical attention nor any financial supportfrom the GoK. According to the CLR, the members of the group reported thatthey have not been treated fairly by the GoK and requested that the TFV begin towork 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 whowere assessed as outside the scope of the case in order to inform them of theirstatus and to provide updates on the activities of the Court in Kenya. During thesame period, staff from the VPRS also participated in and conducted training andinformation sessions with approximately 50 local intermediary organisations inKenya on inter alia the victim registration system.

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