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obbery with violence. 78 At least nine of the gender-based violence convictions appeared,upon consultation of the court files, wholly unrelated to the elections. 79 At least three of thefile numbers on the list were wrong. 80 Based on this research, it is unclear whether therehas been a single conviction for post-election related sexual and gender based violence.Apart from the sexual violence cases, also counted as successful convictions in the reportare the following, among many other questionable additions to the list:• On January 31, 2011, Andrew Moeche Omwenga killed ODM member of parliamentDavid Too and police officer Eunice Chepkwony in Eldoret. Omwenga turnedhimself in and was subsequently convicted of manslaughter. But organizationsfamiliar with the case said it was unrelated to post-election violence, but was acrime of passion related to a love triangle involving the perpetrator and the twovictims. 81 The judge reached the same conclusion. 82• On January 1, 2008, Ben Pkiech Loyatum, an Administration Police officer, shot andkilled his neighbor Robert Bagwasi Onsarigo. Loyatum was convicted in October2010. However, the source of the conflict seemed to be an unpaid debt. Noevidence suggested that the killing was related to the election violence. 83• The report includes cases involving incidents that took place well outside the timeframe relevant to the election violence, including an assault in 2006. 84• A case listed as “robbery with violence,” in which the accused were “sentenced todeath” according to the report, turned out to be an attempted rape case in whichthe accused were acquitted. 8578 Republic v. Mohammed Nyangala, Kakamega Magistrate’s Court, CR 221/08, resulted in an acquittal. In Republic v. JamesMbugua Ndungu, Raymond Munene Kamau, the accused were convicted of robbery with violence, but acquitted of attemptedrape. In Republic v. Joseph Omukhulo, Butere Magistrate’s Court, CR 35/08, the accused was sentenced to one year for“indecent act,” not ten years for rape, as claimed in the Department of Public Prosecutions report.79 See Appendix I.80 Kakamega CR 107/08 was a robbery case; Kakamega CR 913/08 was a stealing case; Butere CR 90/08 was a gamblingcase.81 Human Rights Watch interviews with representatives of ICJ-Kenya, Nairobi, May 6, 2011, and with a representative of theKHRC, Nairobi, August 2, 2011.82 Noah Chepleon, “Policeman Jailed for Ten Years Over MP's Killing,” Daily Nation (Nairobi), October 29, 2009,http://allafrica.com/stories/200910290723.html (accessed November 27, 2011).83 Republic v. Ben Pkiech Loyatum, Eldoret High Court, HCCR 5/08. Case file consulted by Human Rights Watch, Eldoret, May25, 2011. His appeal is currently in progress, filed at Eldoret Appeals Court as No. 389/10. The case is somewhat encouragingin that fellow police officers testified against Loyatum, demonstrating that police do not always cover up for their colleagues;but the same does not seem to hold true for cases that are in fact election-related.84 Republic v. Nicholas Oyamo, Eldoret Magistrate’s Court, CR 414/08, an assault case that filed in 2008, involving anincident that took place on April 28, 2006. Case file consulted by Human Rights Watch, Eldoret, May 24, 2011.85 Republic v. John Kiragu and Another, Naivasha Magistrate’s Court, CR 167/08. Case file consulted by Human Rights Watch,Naivasha, May 23, 2011.“TURNING PEBBLES” 26