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PUBLIC ANNEX

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VICTIMS’ VIEWS AND CONCERNS FOLLOWING THE WITHDRAWAL OF CHARGES

NO. Pseudonym Victims’ Reactions1

1. a/8572/11

(F)

I still do not understand how or why the charges were withdrawn.

I still believe that there is sufficient evidence and the Court and

Bensouda should look for ways and means of getting this

evidence. There is more than enough evidence to prosecute the

accused. They should not give up now.

2. a/8805/11

(F)

I am still shocked by what Bensouda announced. We had pegged

all our hopes on the Court and the Court should not have allowed

Bensouda to make that statement. ICC should avail all the means

they have so that the accused faces those charges. Does that mean

there is nothing else that can be done? Our lawyer should advise

the Court because he has personally met with us and he knows our

plight.

3. a/8807/11

(M)

We are annoyed by this outcome and we are not happy by this. If

the Court is not in a position to gather sufficient evidence, then

they should look for a way of helping the victims. It looks like the

Court is biased in that they are just concerned about the accused

and not the victims. I feel that the Court is not applying all the

available resources in getting this evidence. How come there is

evidence in Ruto’s case? Whatever they did to get evidence in

Ruto’s case, they should do the same even in Uhuru’s case.

4. a/9357/11

(M)

There is no justice for us victims. We believe that the witnesses

were intimidated and others bribed hence weakening the case. I

think it is not possible for the Court to gather any evidence at the

moment since the accused is the President of Kenya. I do not think

there is a way the Court can gather evidence as long as Uhuru is

President.

5. a/9314/11

(F)

I am heartbroken and we do not know who to turn to. We do not

have any resources, we are poor and no one will listen to us. We

have been left alone. Why has the Court done this to us? We have

waited for justice for over 6 years. I do not have any more hope

with this case. I think it is time to give up and just leave everything

to God.

6. a/9362/11 I do not have any opinion on this matter anymore. We are sad

1 These are English translations of views and concerns of victims of the case which were collected between 5 and 8

December 2014. They are provided here in the first person.

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(F) about this outcome…we are not happy at all. How and where will

we get reprieve from? This was our only hope. It pains me to keep

talking about this case. It reminds me of what I went through in

2008. Government of Kenya deserted us and now ICC has failed to

help us.

7. a/8612/11

(M)

I still cannot believe that the charges were withdrawn. The

Government of Kenya should do something to compensate the

PEV victims. Our lawyer should also talk to the Court and ensure

that this is not the end of pursuing justice for the victims. I still

believe our lawyer can help us out. Even if the Court was to collect

more evidence, I do not think any witness will be willing to testify

against the accused. The accused is an influential person. He is the

President of Kenya. Who will be willing to testify against the Head

of State? In Kenya, the rich get away with everything.

8 a/9287/11

(M)

We are very saddened by the latest development. There is no

justice for the victims. This is a big blow to all victims. If the Court

has not been in a position to get the required evidence in the last 6

years, do you think they will be able to do it even if given more

time? The only solution I can think of is if our lawyer can connect

us with donors and organizations that are willing to help us. We

do not have jobs or a source of livelihood. Who are we going to

turn to?

9 a/9089/11

(F)

We are crestfallen. We do not know what to do and we are just

confused. I however feel that Bensouda should not give up on this

case yet. There is so much evidence lying around and if she did a

thorough job, her evidence can be strengthened. It is not an easy

task but she should not let the accused go scot free.

10. a/9223/11

(M)

We are still hopeful that this case can go on. I believe that

something can be done. Our lawyer should advise us on the way

forward. My only and greatest fear is that Bensouda has

withdrawn the case and the victims continue to suffer. However, I

am still hopeful. Someday, the truth will come out.

11. a/9185/11

(F)

I heard that the charges against the accused were withdrawn and I

am very sad. All along I thought that the trial will start and victims

would get justice after all these years of waiting. Bensouda and the

Court should now target other witnesses who are currently in

Kenya. I believe we have people here in Kenya who

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haveinformation that can add to the evidence that Bensouda has. If

she is not willing to pursue the perpetrators, then I wish Ocampo

can take back the case. It seems Bensouda is not keen on

prosecuting the accused.

12. a/9140/11

(M)

I was not aware that the charges have been withdrawn. However,

now that you have informed me I feel hopeless. The Government

of Kenya has not in any way helped us and now that ICC has

withdrawn the charges, who will help us? Is it possible for the

accused to be imprisoned so that he can have a taste of what the

victims go through? This case cannot just come to an end…I am

really disturbed by this news. Please talk to our lawyer and ask

him if there is a way this withdrawal can be reversed. Uhuru must

pay for all the crimes he committed.

13 a/9153/11

(M)

What will happen to the victims? I think the UN or any other

international body should come in and force Kenya to cooperate so

that Bensouda gets this evidence that she is looking for. Uhuru is

not innocent and he should be jailed.

Bearing in mind that Ruto’s case is proceeding on well, is it

possible for us victims to be incorporated in that case? So that

should Ruto be convicted then we too can benefit?

14 a/8614/11

(F)

I still think that the case should go on. I do not think Bensouda and

ICC have exhausted all avenues in as far as getting the much

needed evidence is concerned. We still have people who can

testify, the problem is that most of these witnesses are scared since

the accused is the President of Kenya.

15 a/8448/11

(F)

I still live in a nearby church as I have nowhere else to go. My

children too are suffering. I was certain that this case was going to

proceed but now it seems that is not a possibility. I hope the

Government of Kenya will help us by resettling us.

16 a/9294/11

(F)

What are we going to do now? What is the way forward? I am

willing to even testify because I saw what happened. Many of us

are willing to testify. In fact we witnessed what happened in

Naivasha. They (Government of Kenya) have not paid us anything

and our children are suffering. Our lawyer should not leave us

alone. He is the only one who can represent us well. Perhaps if he

engages with the ICC judges they can ensure Kenya cooperates

and that evidence against Uhuru is tabled.

17 a/9331/11

(M)

I am still in disbelief that the Prosecutor withdrew the charges

against Uhuru. If they are withdrawing the case, they should now

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compensate us the IDPs . We do not even have houses or a source

of livelihood. We are living in abject poverty and the accused

person is enjoying a good life. Who should be suffering? The

victims or the accused person?

18 a/9111/11

(F)

I do not have anything else to say. We as victims lack words to

express our disappointment. I am at a loss. This goes on to show

that the rich in this country can never be brought to book. He (Mr

Kenyatta) has bribed everyone so I do not think if it is possible for

Bensouda to get that evidence. Everyone supports the accused and

no one cares about the victims.

19 a/9086/11

(F)

We are very desperate. We live in utter poverty and the

Government of Kenya has turned against us since the accused is

also the President. Our lawyer should appeal and request that the

case goes on. He should liaise with Bensouda for the sake of the

victims. It is possible to get the evidence that Bensouda is looking

for. The head of state should be made to produce this evidence.

20 a/9297/11

(M)

I do not understand what is happening. There should be a case

against the state/head of state for not cooperating with the Court.

This (non-cooperation) is enough to send the accused to jail. Why

is the Court letting the accused go scot free? Why is the Court

being lenient on Kenya and on the accused? The court should look

for other ways of gathering this evidence. Non-cooperation with

the Court should be an offense in itself and the accused should be

charged for this.

21 a/8451/11

(M)

I am unsatisfied. The ones who were involved in the violence have

gone scot free. Where will the victims get justice? This decision

will also cause a lot of instability amongst the tribes which were

involved in the violence. We did not receive any justice or

assistance; yet other victims are still being recognized in court and

have received assistance. My rights have been violated. Who will

take care of me if not the International Criminal Court? My

wounds are still fresh from the Post-Election Violence and I am

very hurt. If the ICC wants us to continue suffering, we will. We

leave it all to God.

The ICC should also remember that in the near future, it will face

grave difficulties when trying to prosecute high-level government

leaders, who have a lot of money, and who orchestrate violence:

they apparently can evade justice. This is especially so in Africa.

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The poor have been confirmed to be the weak who can never

access justice.

22 a/8490/11

(M)

I am very sad. We as victims have no ability, capacity, or access to

avenues through which to push for justice any more than we have.

The case is over and we will never receive justice. Can the Legal

Representative try to push for justice in another tribunal? Please

let there be hope.

23 a/8579/11

(M)

I am very sad. They have closed the case but what happens to the

victims? Shall we never receive any justice? Shall we never receive

assistance? We need some help. The Prosecutor should have

appealed and ensured that victims receive justice. Shall we also

meet with the Legal Representative in person so that he can

explain to us what happened? We need an explanation. We need

to meet with him soon.

24 a/8617/11

(F)

Is that it? Then there is nothing more we can do. I am sad. I really

have nothing to say. I am very disappointed. I thought that there

was more evidence to support the case. What happened in

Naivasha and Nakuru was very bad. Many people have suffered

since. However, we cannot force justice to happen.

25 a/9059/11

(M)

If the case is just withdrawn like that, what happens to victims’

rights? Are we just going to be thrown away like that? Is there no

other way to get the case to proceed? Is there no other option

available to victims at the ICC? Only God knows and will help us.

He is our only refuge. There can therefore be no justice in any

court but only through God.

26 a/9186/11

(M)

How now will the victims access justice? We need to meet with the

Legal Representative and hear if there are any options available to

victims.

27 a/9250/11

(M)

That’s it? We have walked this journey together but nothing has

come of it. We need some form of support and assistance if we can

never receive justice.

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28 a/9256/11

(F)

We really had expectations of receiving justice and reparations.

Money has been used to thwart justice. This is not good. We will

leave it all to God.

People have really celebrated in Nakuru. I felt very bad. But we

will keep trudging on.

29 a/9257/11

(F)

Then what will happen? What next? How will victims receive

justice? What about us? We need help and we need it now. We

need to know what next: we cannot be left just like that. We have

suffered and we put a lot of trust in the Court. We need to know

how we will be helped! What shall we do? My sister died during

the Post-Election Violence. I have now been left to provide for her

children. I have no financial ability to do this.

Who will fight for my sister? Who will fight for me? Who will

fight for the victims?

30 a/9265/11

(F)

The poor have no recourse to justice. They just do not. We now

leave it to God.

31 a/25109/13

(M)

I did not receive the news in good faith. Justice was not served.

This only shows that the weak have no justice. Our lawyer has

tried to fight for us but nothing has been done. We lost a lot of

property and nothing has been done. I would like to ask if our

lawyer will come so that we can talk to him or is this the end of it?

32 a/8487/11

(F)

I want the prosecutor to withdraw charges against the accused.

They have failed us. We were not helped at all and now we have

no one to talk to. I don’t even know what to say. I wish someone

could help us.

33 a/8492/11

(M)

I don’t even know what to say or where to start on this. We have

been put down. The accused is a human being just like us. The

prosecutor was our only hope and now she let us down. God

above is the one who will look out for us. Since Uhuru is a free

man, he should do us a favour and look into our needs. I was in

Nakuru and I witnessed horrible things and my soul is now dead

after the news. If he (Uhuru) can see us as human beings then he

should look out for us. Am suffering at home after leaving Nakuru

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and my children are suffering because all my property was burnt.

My wife is now taking care of me yet I am the man of the house.

Since the prosecutor decided to drop the charges against the

accused, she should find a way to help us even if it’s to ask the

GOK to give us Kshs. 40,000 so that we do something for

ourselves. Returnees have been ignored. We are here and I

wonder why the prosecutor should say there is no evidence. We

are the evidence of what happened. We have no faith and they

have shattered our hope.

Even Ruto will be released then they will laugh at us. My concern

is that the president will pretend for now that everything is okay

but since he is free he will come and look for us and they will

harm us. He has people looking out for him and they say we

wanted to jail the president. He is the president so what can you

expect. When we came to our rural homes we registered with the

chiefs and up to date they have our names and where we live and

I am afraid they will harm us even more than we suffered in 2007.

I am sure once Ruto is released they will do bad things to victims

especially those who are vocal.

34 a/8516/11

(M)

I was very saddened by the prosecutor’s announcement. The ICC

is doing this because they have no idea what we went through. I

don’t know if they have been bought. I met some of my fellow

victims today and they want to protest. This is double pain. If I

may ask is there a possibility of an appeal? This feels like being

run over by someone and then being thrown on the road to be run

over again. We were only given Kshs. 10000 only and nothing else.

I am lost for words. Are we going to suffer until we die?

35 a/8555/11

(F)

Since they have decided to drop the case what can we do? I don’t

have anything to say.

36 a/25033/13

(F)

I was very angry when I heard that the accused’s charges had

been dropped. I felt so bad. Those victims who were paid felt

good. We have suffered. Personally I feel it is not good. The

accused has won because he has money and we don’t. When I

heard the news my blood pressure shot up. I also suffer from

diabetes and it got worse.

37 a/8519/11

(F)

I was one of the victims. There is nothing that we will benefit.

There is nothing we will get. After all this years from 2008-2014

people have suffered. No justice in this world.

38 a/35000/14 We were not happy even if she (prosecutor) withdrew the charges.

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(M) Our justice is lost. If our lawyer can try and find us justice.

39 a/35002/14

(M)

If they have thrown out the president’s case, victims must be

given their justice as well. Bensouda should care about the life of

ordinary citizens. We are suffering and I want to know if we will

get justice.

40 a/35006/14

(F)

We are still suffering yet they throw out our case. We have many

problems; all our things were lost. What we saw only God knows.

Let it be. That is all for now.

41 a/25026/13

(M)

If the accused has been acquitted, who is responsible for the

violence to the victims? What about the victims? What about those

who died? We spoke tour lawyer severally and we saw this

coming. I ask him what next? What else can be done for

us.Bensouda should ask herself after withdrawing the case against

the accused what about the victims? When we met our lawyer we

produced our Identity cards, even death certificates of those who

died so how can the prosecutor say that there is no evidence?

People are celebrating in Naivasha that Uhuru has no wrong

doing. We have no hope with the ICC. They should have asked us

how we feel. If Uhuru is innocent who is going to compensate the

victims.

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