13th August 2012 Hon Githu Muigai, EGH The Attorney General State Law Office NAIROBI CC Cabinet

Sub Committee on the ICC Hon Samson Ongeri, EGH, MP Hon Yusuf Haji, EGH, MP Hon Eugene Wamalwa , MP Hon Amason Kingi, EGH, MP Hon James Orengo, EGH, MP Hon Otieno Kajwang, EGH, MP Dear Sir, RE: INFORMATION REGARDING THE KENYA SITUATION My name is Tony Gachoka. I am a Kenyan Investigative Media Personality of over 20 years standing. I have worked for the Government of Kenya, and in particular between the years 2008-2009, I was the Chief of Protocol in the Office of the Prime Minister of the Republic of Kenya, the Rt. Honourable Eng. Raila Amollo Odinga, as evidenced in the copies of appointment letters accompanying this letter to that that effect. My duties included managing the diary of the Prime Minister for all local and international meetings, national and international protocol, press, publicity and public relations. During my time working for the Prime Minister I became privy to certain information relevant to the ongoing International Criminal Court trials regarding the Kenya Situation (2007-2008). This information, which I can support with documentary evidence in my possession, touches on some of the evidence adduced before the Court and which has been relied on by the office of the Chief Prosecutor. The Court has now set trial dates for the situation in Kenya cases and is in the process of preparing for trial. I recently attended a Press conference called by Office of the Prosecutor

of the ICC at Serena Hotel Nairobi on Thursday July 26 2012 at 2:30 P.M where Mr. Phakiso Mochochoko, Head of the Jurisdiction, Complementarities and Cooperation Division and Ms Shamiso Mbizvo, Associate International Cooperation Adviser were in attendance and stated that the OTP is continuing to gather relevant evidence in regard to the Kenya Situation. Being a conscientious person, and spurred by this disclosure by the ICC with respect to gathering of additional evidence in regard to the Kenya situation, I officially wrote to the Information and Evidence Unit vide a letter dated 1st August 2012, in which letter I informed the said office of my being in possession of crucial information with respect to the case and the fears for my life and for the lives of my family given that the information I hold is extremely prejudicial to some of the most powerful and influential personalities in Kenya today. The Office of Information and Evidence has since written back to me vide a letter dated 9th August 2012 acknowledging my letter and requesting for an opportunity to have a more comprehensive conversation with them. Additionally I also applied for a visa under reference NLDNAI201202862, to enable me to travel to the ICC offices in the Hague on 31st July 2012 seeking a meeting with the Office of the Prosecutor to volunteer my possible involvement - by way of evidence giving – with respect to matters that have grave and serious implications on the pending ICC Trials set for hearing in April 2013. This application was supported by a diplomatic note sent under the seal of the Government of Kenya from the Ministry of Foreign Affairs under the hand of the Office of the Chief of Protocol introducing me as a Kenyan in good standing. I have today 13th August 2012, received communication from the Netherlands Embassy here in Nairobi of the denial of a visa to travel to the Netherlands. To my mind, this confirms my earlier fears which I have made well known to the wider public, of high level interference and manipulation of the ICC process relating to Kenya by various powerful international actors and agencies who do not wish that the information I hold would be accessible to the ICC and worse still to the general public. I am well aware of the provisions of the Rome Statute and the various commitments made by the Government of Kenya with respect to cooperation with the ICC on all matters relating to the Kenya situation and the pending cases. It is in this respect that I write to you in the hope that you can and will use your good offices to ensure that the Government of Kenya will facilitate my meeting with the ICC to give evidence and information in my possession as part of this cooperation process.

Meanwhile, I will continue to explore and pursue all national and international legal remedies to ensure that justice is served for all victims of the post election violence and that the true circumstances surrounding and persons most responsible for the Post-Election Violence are held to account. Thank You very much for your time and consideration. Yours Faithfully; Tony Gachoka

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