ICC-01/09-02/11-984-Anx

PUBLIC ANNEX

09-12-2014 1/9 EK T

ICC-01/09-02/11-984-Anx

09-12-2014 2/9 EK T

VICTIMS VIEWS AND CONCERNS FOLLOWING THE WITHDRAWAL OF CHARGES

NO. Pseudonym
1.
a/8572/11
(F)

2.

a/8805/11
(F)

3.

a/8807/11
(M)

4.

a/9357/11
(M)

5.

a/9314/11
(F)

6.

a/9362/11

Victims Reactions1
I still do not understand how or why the charges were withdrawn.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.
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.
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 Rutos case? Whatever they did to get evidence in
Rutos case, they should do the same even in Uhurus case.
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.
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.
I do not have any opinion on this matter anymore. We are sad

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.

ICC-01/09-02/11-984-Anx

(F)

7.

a/8612/11
(M)

a/9287/11
(M)

a/9089/11
(F)

10.

a/9223/11
(M)

11.

a/9185/11
(F)

09-12-2014 3/9 EK T

about this outcomewe 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.
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.

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?
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.
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.
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
3

ICC-01/09-02/11-984-Anx

12.

a/9140/11
(M)

13

a/9153/11
(M)

14

a/8614/11
(F)

15

a/8448/11
(F)

16

a/9294/11
(F)

17

a/9331/11
(M)

09-12-2014 4/9 EK T

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.
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 endI 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.
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 Rutos 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?
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.
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.
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.
I am still in disbelief that the Prosecutor withdrew the charges
against Uhuru. If they are withdrawing the case, they should now
4

ICC-01/09-02/11-984-Anx

18

a/9111/11
(F)

19

a/9086/11
(F)

20

a/9297/11
(M)

21

a/8451/11
(M)

09-12-2014 5/9 EK T

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?
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.
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.
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.
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.
5

ICC-01/09-02/11-984-Anx

09-12-2014 6/9 EK T

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)

Thats 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.

ICC-01/09-02/11-984-Anx

28

a/9256/11
(F)

09-12-2014 7/9 EK T

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)

32

a/8487/11
(F)

33

a/8492/11
(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?
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 dont even know what to say. I wish someone
could help us.
I dont 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
7

ICC-01/09-02/11-984-Anx

34

a/8516/11
(M)

35

a/8555/11
(F)
a/25033/13
(F)

36

37

a/8519/11
(F)

38

a/35000/14

09-12-2014 8/9 EK T

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 its 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.
I was very saddened by the prosecutors announcement. The ICC
is doing this because they have no idea what we went through. I
dont 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?
Since they have decided to drop the case what can we do? I dont
have anything to say.
I was very angry when I heard that the accuseds 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 dont. When I
heard the news my blood pressure shot up. I also suffer from
diabetes and it got worse.
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.
We were not happy even if she (prosecutor) withdrew the charges.
8

ICC-01/09-02/11-984-Anx

09-12-2014 9/9 EK T

(M)
a/35002/14
(M)

Our justice is lost. If our lawyer can try and find us justice.
If they have thrown out the presidents 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)

41

a/25026/13
(M)

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.
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.

39