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PART III Extent and Impact of Post Election Violence - Mars Group ...

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<strong>and</strong> his penis. Not only did they refuse, but they warned his wife that if she<br />

insisted, she “would end up like [her brother] <strong>and</strong> that it was not their work”. The<br />

body thus remained uncollected for two days, started rotting <strong>and</strong> was eaten by<br />

dogs. It was only later that she got help from other police <strong>of</strong>ficers who were<br />

Kalenjin.<br />

It is the Commission’s view that the involvement <strong>of</strong> state security agents in the<br />

perpetration <strong>of</strong> sexual violence <strong>and</strong> the fear <strong>of</strong> incriminating themselves may<br />

partly explain why the police omitted data on sexual violence in the reports they<br />

presented to the Commission. The Commission also felt that it was unfortunate<br />

that the Commissioner <strong>of</strong> Police testified that he could not determine whether<br />

sexual violence was fit to be reported <strong>and</strong> was unaware that anyone had been<br />

arrested <strong>and</strong> charged for commission <strong>of</strong> such crimes. 224 Furthermore, the<br />

horrendous experiences <strong>of</strong> the women who testified before the Commission<br />

illustrated the same broad concerns with the security forces. The Commission<br />

also learnt about this from other witnesses speaking about the post election<br />

violence in Kenya. These included those who were supposed to be keeping order<br />

<strong>and</strong> protecting citizens but were rather perpetrators themselves, a refusal to<br />

help citizens who came directly to <strong>of</strong>ficers for help or to report crimes, a<br />

breakdown along ethnic lines mirroring the way in which violence as a whole<br />

manifested after the election, <strong>and</strong> a callous indifference if not outright hostility to<br />

victims who <strong>of</strong>ten had experienced multiple tragedies <strong>and</strong> had their lives turned<br />

upside down, sometimes in minutes <strong>and</strong> sometimes in days.<br />

Furthermore, what the Commission heard from these witnesses once again<br />

reminded the Commission about the precariousness <strong>of</strong> both state <strong>and</strong> society in<br />

Kenya. The testimony the Commission received brought the realization once<br />

again that if the current state <strong>of</strong> impunity <strong>and</strong> the belief that individuals in<br />

authority <strong>and</strong> their followers have a license to maim <strong>and</strong> kill without being held<br />

accountable continues, both sexual violence <strong>and</strong> other forms <strong>of</strong> post election<br />

224 CW 1, See Hansard, Vol. 1, p. 47<br />

257

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