2. Republic v. John Kimita Mwaniki 154The June 2011 conviction of John Kimita Mwaniki of murder stands out as the only electionrelatedmurder conviction of a Kikuyu. The murder for which Kimita was convicted wascommitted on November 27, 2007, and the case does not figure on the various police andDepartment of Public Prosecutions lists. However, the murder took place in the context ofpronounced pre-election violence between Kikuyus and Kalenjins in Molo, Rift Valleyprovince, where at least 10 people were killed in the lead-up to the elections. Kimita wasconvicted of being part of a group that killed Rose Chemutai and two five year old boys,Reuben Kipn’geno and Shadrack Kipkoech. Witnesses testified that they saw Kimita with agun during the attack, accompanied by other men wielding machetes. Two victims diedfrom gunshot wounds, while the third died from a cut to the head. The accused providedcontradictory testimony regarding his alleged whereabouts the day of the attack. He wasconvicted and sentenced to 30 years in prison. He has since appealed his conviction;appeal proceedings are ongoing at this writing.3. Republic v. Charles Kipkumi Chepkwony 155While not a high-profile case, this is one of only three known convictions for the seriouscrime of robbery with violence. Chepkwony was convicted in May 2009 of being part of agroup that attacked Wilson Soi Wanyama and his family and stole their cattle in KipkelionDistrict on January 28, 2008. At trial, Wanyama, who was shot with an arrow during theattack and survived, and several other family members testified that they had recognizedChepkwony, a neighbor, among the mob. Chepkwony’s appeal was dismissed in November2010. 1564. Republic v. James Mbugua Ndungu and Raymond Munene Kamau 157During the post-election violence, groups of men carried out a series of sexual and genderbasedattacks. Some groups were attacking and undressing women who wore trousers(rather than skirts). The men carrying out such attacks may have been affiliated withMungiki, whose traditional ideology, by some accounts, included a prohibition on womenwearing trousers. 158154 Republic v. John Kimita Mwaniki, Kericho High Court, HCCR 24/08.155 Republic v. Charles Kipkumi Chepkwony, Kericho Magistrate’s Court, CR 101/08, appealed at Nakuru Appeals Court asHCCR A30/09. Court file consulted by Human Rights Watch, Kericho, May 13, 2011.156 Human Rights Watch interview with registry staff, Nakuru Appeals Court, Nakuru, August 22, 2011.157 Republic v. James Mbugua Ndungu and Raymond Munene Kamau, Naivasha Magistrate’s Court. Police file 764/44/08consulted by Human Rights Watch, Naivasha, October 18, 2011.158 L. Muthoni Wanyeki, “Lessons from Kenya: Women and the Post-Election Violence,” Feminist Africa, Issue 10, August2008, http://www.feministafrica.org/uploads/File/Issue%2010/standpoint%202.pdf (accessed November 23, 2011).41 HUMAN RIGHTS WATCH | DECEMBER 2011
In Naivasha, two men, James Mbugua Ndungu and Raymond Munene Kamau, wereconvicted of robbery with violence—but acquitted of attempted rape—in a case in whichthey were charged of removing a woman’s trousers, touching her genitals, and stealing hermoney. The judge ruled that there was no evidence they had intended to rape the victim.5. Republic v. Willy Kipngeno Rotich and 7 Others 159In the only other conviction Human Rights Watch identified for robbery with violence, thecrime in question was less serious than many that took place during the post-electionviolence. Willy Kipngeno Rotich and seven other men were convicted of robbing cash andother property from a victim in Sotik, while threatening to use violence. The suspects wereknown to the complainant and his wife, and were arrested immediately after the incident.Human Rights Watch was unable to ascertain their sentence based on the court file.6. Republic v. Peter OchiengAccording to a police prosecutor interviewed by Human Rights Watch, in Nakuru, PeterOchieng, a Luo, was convicted of grievous harm and sentenced to ten years imprisonment.He was accused of setting fire to his wife, a Kikuyu, during the post-election violence. Hiswife survived the attack. 160Cases Pending Before the CourtsFew significant post-election violence cases remain pending before the courts. HumanRights Watch was able to identify two pending murder cases related to the post-electionviolence, one pending inquest, and one pending rape case, although there may be otherpending cases in jurisdictions where Human Rights Watch did not conduct research.Republic v. Joseph Lokuret Nabany is a murder case pending before the Nakuru High Court.The suspect was charged with being part of a mob that stoned to death Zezia WanguiKaranja, an elderly Kikuyu woman, on January 28, 2008. 161 Several prosecution witnesseshave testified; at this writing the case was scheduled for its next hearing on November 30,at which the final prosecution witness was scheduled to testify. 162159 Republic v. Willy Kipngeno Rotich and 7 Others, Sotik Magistrate’s Court, CR 8/08. Court file consulted by Human RightsWatch, Sotik, August 24, 2011.160 Republic v. Peter Ochiengo, Nakuru Magistrate’s Court, CR 4001/08. Human Rights Watch interview with a prosecutor,Nakuru, October 24, 2011, and follow-up telephone interview, November 24, 2011.161 Republic v. Joseph Lokuret Nabanyi, Nakuru High Court, HCCR 40/08. Court file consulted by Human Rights Watch, Nakuru,August 22, 2011.162 Human Rights Watch telephone interview with a prosecutor, November 24, 2011.“TURNING PEBBLES” 42
- Page 1 and 2: Kenya“Turning Pebbles”Evading A
- Page 3 and 4: Copyright © 2011 Human Rights Watc
- Page 5 and 6: 3. Republic v. Charles Kipkumi Chep
- Page 7 and 8: OCSODMOHCHRPEVPNUSBGVSLDFTJRCWKLSOf
- Page 9 and 10: The ICC opened investigations into
- Page 12 and 13: On Further Steps to Address Impunit
- Page 14 and 15: MethodologyHuman Rights Watch condu
- Page 16: on their land. 5 In 1992 a parliame
- Page 19 and 20: violent episode is often considered
- Page 23: • The killing of District Officer
- Page 26 and 27: The task force also visited differe
- Page 28 and 29: objections, including the concern t
- Page 30 and 31: The Department of Public Prosecutio
- Page 32: • An assault case listed among th
- Page 37 and 38: ack to our land.” 107 One impact
- Page 40 and 41: Later the same day, according to po
- Page 42 and 43: trial, the prosecutor presented no
- Page 44 and 45: In Nakuru district, a murder case,
- Page 48 and 49: A murder case in Timbaroa, Republic
- Page 50 and 51: IV. Weaknesses in Investigations an
- Page 52 and 53: Where police arrested suspects, the
- Page 54 and 55: One police officer told Human Right
- Page 56 and 57: witnesses to the court, including t
- Page 58 and 59: put it into effect, but the governm
- Page 60 and 61: there were no investigations into h
- Page 62 and 63: should not necessarily have resulte
- Page 64 and 65: This would appear to clear the way
- Page 66 and 67: Most shootings were unlawful under
- Page 68 and 69: I live in Chebilat Manaret town. On
- Page 70 and 71: Some semblance of an internal inves
- Page 72 and 73: justice, they were told either that
- Page 74 and 75: laborer who washed cars for a livin
- Page 76 and 77: Police ReformsKey to improving tran
- Page 78 and 79: Judicial ReformsKenya has made nota
- Page 80 and 81: expertise the Kenyan judicial syste
- Page 82 and 83: heard from the police again—check
- Page 84 and 85: such reparations. Civil society org
- Page 86 and 87: AcknowledgmentsThis report was rese
- Page 88 and 89: Bungoma (One court case researched)
- Page 90 and 91: 537/08 Barnabas Tiony Arson Acquitt
- Page 92 and 93: 95/08 Wesley Kipsang Korir Robbery
- Page 94 and 95: Naivasha (Four court files research
- Page 96 and 97:
182/08 Daniel Moyi Makhopoand Domin
- Page 98 and 99:
Appendix II: Letter to Commissioner
- Page 100 and 101:
95 HUMAN RIGHTS WATCH | DECEMBER 20