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PUBLIC ANNEX
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Representative sample of views of victims of the crimes charged in the Kenyatta case collected by the LRV’s field staff
on 8 and 9 September 2014
Pseudonym VIEWS ON ANNOUNCEMENT BY THE
PROSECUTION OF 5 SEPTEMBER 2014
VIEWS ON NON– COOPERATION BY THE
GOVERNMENT OF KENYA
1 a/35046/14
(M)
The Prosecutor should not keep postponing the
commencement of trial. Doing so has made the
victims to lose hope more and more.
It also continues to pose a big security threat to
the victims who participate in the case since we
live in the same country ruled by the accused.
The more the Prosecutor delays, the more the
Government of Kenya destroys evidence and
intimidates witnesses. The Prosecutor should
start trial with however little evidence she has.
The current government of Kenya was the one involved in the
atrocities committed in 2007/08. In Kenya, you cannot
differentiate between the government and the accused, this is
one person and there is no way he is going to let the
government cooperate with the court. It is even known to us
that the Attorney General is the cousin to the accused therefore
he cannot betray him to the ICC. I want the government of
Kenya to be sanctioned. All those countries that provide aid to
Kenya should pull out and the Assembly of State parties
notified of Kenya’s non – cooperation.
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2 a/35056/14
(F)
They have postponed because the President has
bribed them. The Prosecutor must have
gathered some evidence so she should use it and
start the case.
The government of Kenya cannot disclose its secrets since the
accused is the head of the said government.
3 a/35018/14
(M)
The postponement has made us give up. We are
losing faith in the Court. Victims should be
given something to sustain themselves since the
case is taking too long.
The government of Kenya should be sanctioned so that they
release the records requested.
If the government does not cooperate and there is no enough
evidence, the Court should seek alternative means to assist the
victims.
4 a/35005/14
(F)
Postponement was not a bad thing. I have no
problem for as long as the case will eventually
start and continue.
The government should cooperate so that the case continues.
Bensouda should not give up until the government cooperates.
Victims have not lost hope and we will continue to support
her.
5 a/9118/11
(M)
Postponement is not bad but further
investigations should be done.
The government is Uhuru Kenyatta hence he cannot cooperate.
We wish to be assisted by the Court. Bensouda has a difficult
task. I watched the Attorney General defending the President.
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The case will only succeed if he (President Uhuru Kenyatta)
ceases to be the president.
Our lawyer should continue with the good work as we
support him.
6 a/9220/11
(M)
For a long time we have been expecting the case
to start.
We posed this question to our lawyer Fergal and he said that
the court can refer Kenya to the ASP. He explained to us
various options that the direction of the case may take if Kenya
does not cooperate. I don’t remember all of them but I want
those options explored by the court.
7 a/8790/11
(M)
We feel bad when the case is postponed because
we suffered. It seems that justice is not being
done. By now the case should have been
concluded.
The GoK was supposed to hand over records regarding Uhuru
Kenyatta. As victims our voice will not be heard by the by the
government of Kenya. ICC should help us to find out what
really happened in 2007.
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8 a/9145/11
(M)
As victims, we do not know what to do as we
continue to suffer; we do not know when the
Prosecutor intends to begin the case.
The GoK is hindering access to evidence and this is a delaying
tactic.
9 a/8451/11
(M)
Personally I have been waiting for justice. The
way the court is conducting the case is not
desirable. It has been six or seven years since the
victims were affected. Justice delayed is justice
denied.
The accused is the President and he will continue to hide
evidence even for 20 years. What is the ICC doing? The case is
going at a chameleon’s pace. Our lawyer should inform the
Prosecutor that the accused persons are not mere suspects but
mafia. They will eliminate those who have evidence. They are
buying time so that they tamper with the evidence. Six to
seven years down the line and nothing has happened. The ICC
should be very careful with Africa because other states in
future will not cooperate with them because they think it’s a
waste of time. They should find an alternative way to do
investigations in Kenya.
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10 a/9251/11
(F)
I wanted the case to start so that justice is done. I
was very upset that the case was postponed. We
have told our lawyer severally that we are
suffering and want justice.
Investigations should be done even if slowly. The Prosecutor
seems to fear the president of Kenya. I am not happy that the
case is stalling.
11 a/9266/11
(F)
We request the Prosecutor to find a way and
conclude the case. We cannot continue to deal
with one case year after year.
I don’t know what to say about the government of Kenya’s
non cooperation. I think we should wait and see if they
cooperate so that the case begins.
12 a/9265/11
(F)
I watched television the other day and it seemed
like Ms Bensouda does not want to help us.
There is no development regarding start of the
case- she should defend us.
The court should use the written statements of
the key witnesses who withdrew.
President Uhuru Kenyatta is the head of the state and there is
no way he can provide access to evidence that implicates him.
If he refuses to cooperate then he should be arrested. The ICC
should come for him.
We do not know the rules used at the ICC but they should
employ all means to ensure he cooperates. We continue to
suffer while his people who were affected have been
compensated.
We want our lawyer to defend us since we thought we would
find solace in the court but they are letting us down. Fergal
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should tell Bensouda that we are still suffering from the crimes
committed against us.
13 a/9329/11
(F)
The continued postponement of the case is tiring
and cumbersome, there has been no significant
progress after the previous postponements;
I have given up on this case. Many of us have
died and are still dying.
There is no indication of the GoK will change on its
cooperation.
The situation is getting worse every time since mid last year,
nothing seems to change.
14 A/9331/11
(M-
elderly)
It is not clear the adjournment is until when, is it
until Jesus comes?
The Prosecutor should give specific time for the
adjournment.
If there is still no evidence after the specific time
then the court should explain the cause of the
many deaths and suffering that took place in
Nakuru and Naivasha.
The GoK is continued undeterred by what is happening at the
court.
The court should start the case with the available witnesses as
the GoK of Kenya will not cooperate since the evidence they
are refusing to give implicates the President.
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15 a/25056/13
(M)
If the Prosecutor hurries, they may prejudice the
case. She should fight hard and get the evidence
before prosecuting Mr. Kenyatta.
I do not want the confusion currently being
witnessed in the Ruto case to occur in the case
against Kenyatta.
The GoK knows what it is doing. It is preventing its own
citizens from getting their rights. The GoK is preventing the
victims from knowing the truth which the government already
knows. They should treat all citizens equally and pay all
victims.
16 a/8281/11
(F)
It is proper for more time to be given to get the
required evidence.
What happened to the use of previous witness
statements of witnesses who withdrew? Why
can’t the Prosecutor use those statements?
The OTP should look for more evidence. I am
surprised if the Attorney General can lie to the
court that the Accused has no land. They need to
be serious and not favour the Accused.
Serious action should be taken against those responsible for
the refusal to give evidence. The AG is lying to the court and
an arrest warrant should be issued against Mr. Kenyatta. They
should not be afraid of him.
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17 a/8580/11
(F)
The case has been postponed severally. Why
can’t we use existing evidence and start the case.
As things stand, it appears the case is headed
nowhere, I do not want a postponement.
Strong action should be taken against Kenya. Without strong
action nothing will change.
18 a/9308/11
(M)
The case should just start as the Prosecutor
follows up the other evidence. The start of the
case may motivate the production of the lacking
evidence.
If they can’t start trial soon, they should not
drop charges till the government cooperates.
Kenya is undermining the Rome statute that it signed. Arrest
warrants should be issued against those who are obstructing
the court. Strong action should be taken to deal with Kenya.
19 a/25017/13
(m)
The adjournment should be granted until the
Prosecutor gets the evidence she wants from the
government before assessing whether to
proceed or not.
The government wants to kill the case. It appears that even the
witnesses have all been bought.
20 a/25019/13
(f)
The Prosecutor should be given more time. The government is the problem in this case. If they have
refused to give the evidence, then nothing can be done to
them.
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21 a/25080/13
(M)
Postponement will be of no value as the
government will not release any evidence to the
Prosecutor.
I think Kenya has its own laws which should be followed to
get the required information.
22 a/8455/11
(F)
Am opposed to the postponement. The case
should start.
The GoK is defeating our case. Alternative routes should be
followed to get the evidence the government is hiding.
The government knows the contents of the evidence hence the
refusal.
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