This is adopted from the Justice Waki commission report on post-election violence.
Thus, according to the witness, there was a feeling among the Kalenjin starting from the aftermath of the 2005 Referendum that the Olenguruone precedent should be replicated elsewhere in the District since Olenguruone was the only division that had managed to bring about the complete removal of madoadoas through violence and that if this was repeated elsewhere in the district, the Government would similarly resettle the displaced Kikuyu as had happened with those from Chepakundi.
The witness was therefore of the view that the pre-election violence of 2007 had some connectivity in one way or another to the violence in 1992.
During hearings in Eldoret, the Commission was told by the Kipkelion DC that Kipkelion District had experienced the spill over effects of the violence in Molo and Kuresoi prior to elections as a result of which ethnic animosity built up on account of displaced persons fleeing to Kipkelion from Kuresoi.
This was corroborated by the NSIS security briefing for the week ending December 3, 2007 which noted that the animosity in Molo had spilled over to Belgut and Ainamoi divisions where Kipsigis youths torched kiosks belonging to Kikuyu businessmen.
Proposed draft constitution
Mr Mohamed Salim, the DC for Molo informed the Commission that hostilities began on September 25, 2007, though as we shall see later, violence had already been reported as early as 2006.
In fact, evidence produced by the (KNCHR) noted that clashes broke out in Kuresoi after the referendum held in November 2005 pitting the Kikuyus who were largely in support of the proposed draft constitution and the Kalenjins who had supported the Orange Movement that opposed the draft constitution and that these clashes involved the expulsion of Kikuyu and Kisii from Kuresoi.
Throughout 2006 and 2007, there were attacks on a low scale in Kuresoi by the Kalenjin against those they deemed not to have supported the Orange Movement which attacks intensified towards November 2007 and rose to their peak on December 30, 2007.
The DSIC Minutes for Molo District dated December 20, 2007 corroborate this chronology in noting that between November 22 and December 4, 2007, ethnic hostilities reached fever pitch and that as a result, deaths, injuries, displacement and destruction of property through arson had occurred prompting the PC to visit the area on December 4, 2007.
The Commission was told that violence in Kuresoi had erupted in May 2007 at a place called Chepkinoyo where two children were burnt and several houses destroyed through arson. This subsided up till September 2007 when Kalenjin attackers from Ndoinet Forest raided Kamwaura and killed 2 people.
Subsequent attacks
There were subsequent attacks in Gathiriga Settlement Scheme, and then Tetagik Scheme where members of the Kikuyu burnt Kalenjin houses prompting the Kalenjin to attack Karirikania, a farm occupied by former freedom fighters where the Kikuyu put up stiff resistance, killing 2 Kalenjin raiders.
By the time of going to elections, the Commission heard, there were already IDP camps in a number of churches in Kuresoi.
The Molo DSIC noted that on October 20, 2007 in Cheptagum Farm in Keringet, a house owned by one Wambui John was torched by unknown arsonists in an incident whose motive the DSIC believed to be revenge for a Kalenjin man who had been killed in mid August 2007 during a suspected robbery at Tebere area.
Further, on October 26, 2007, the DSIC reported that an unknown number of raiders believed to be Kalenjin had killed one Benson Njuguna, a Kikuyu, injured four people and stolen livestock at Gathiriga trading centre in Chemaner location of Keringet.
Widespread looting
During this period, incidents of widespread looting and vandalism of deserted homesteads were reported by the DSIC in Kuresoi. It was observed that criminals took advantage of the wanton lawlessness to loot household goods, and stole food crops from abandoned farms, raising fears of food shortages in 2008.
Between October 25, and December 4, 2007, the Molo DC stated that 16 people were killed, 67 houses torched and 300 families left homeless after their houses were torched.
Indeed, similar accounts were provided in detail to Commission investigators by a number of witnesses who narrated how the pre-election campaigns were characterised by tension with the Kalenjin saying that on election day, they did not want to see “madoadoa”.
This information was corroborated by the testimony of the Chief for Sachangwany location which we shall revert to shortly.
The Commission further perused reports from the NSIS stating that in October 2007, a number of ODM leaders from the Kalenjin community were planning to instigate killings in Kuresoi, Olenguruone and Molo targeting the Kikuyu community domiciled in the area for showing support for President Kibaki.
Meanwhile in Kuresoi, Commission investigators received a number of statements stating that leaflets warning non-Kalenjins to leave the area had been circulated as early as 2006.
The deponents alleged that a former politician had been behind the violence of the previous years and that once current MP Zakayo Cheruiyot came to the scene promising to end the violence if the Kikuyu voted for him, the supporters of the politician went ahead to beat and evict the Kikuyu.
Credible information
The Commission found this information credible since it was corroborated by the Minutes of the DSIC meeting for Molo District held on November 22, 2007 which noted that intelligence had been received that supporters of the politician were “poised to cause clashes to scare non-Kalenjins away from Kuresoi for support for Zakayo Cheruiyot”.
NSIS also stated that the politician and a civic candidate were responsible for organising and financing Kalenjin youth who were reportedly paid Kshs1,000 for every house razed down belonging to the Kisii and Kikuyu in Kuresoi.
From records made available to the Commission, it is clear that the district was tense.
For instance, on December 1, 2007, the DSIC reported that a parliamentary candidate for Molo constituency had led a demonstration of about 3,000 youths in Molo Town to press for the release of 59 Kikuyu and Kisii youth arrested on November 30, 2007 for erecting an illegal road block at Muchorwe with a view to attacking Kalenjin motorists and passengers. During this demonstration, looting of businesses by the demonstrators was reported in Molo Town.
The Post Election Violence
For the above reasons, the evidence of Mr Hassan Noor Hassan, Rift Valley Provincial Commissioner, that the provincial administration did not anticipate the violence in Molo District suggests that the administration was not prudent to ignore clear warning signs.
Just as in other parts of the Rift Valley, the Commission heard from Hassan Noor Hassan the PC for Rift Valley that violence erupted in Molo and Kuresoi immediately after the election results were announced on December 30, 2007. The NSIS furnished information which contains the names of several persons.
Equally, NSIS had intelligence that supporters of a parliamentary aspirant were targeting for destruction the Kiptagich Tea Factory.
The PC testified that the Provincial Administration had no prior notice of the attacks and did not expect attacks of that magnitude in Molo and Kuresoi. Evidence received from the NSIS however seems to indicate the contrary.
For example, an NSIS security briefing for the week ending November 23, 2007 indicated that Kalenjin youth were already harbouring plans to attack the Kikuyu and Kisii in Murinduko, Bochege, Kaplelach, Muchorwe, Kuresoi Trading Centre, Githima, Mwaragania, Mwahe Farm, Sondu River, Temuyota and Kwawira Farms to disenfranchise the two communities for supporting certain politicians.
Rewarding youth
The NSIS security briefing for the week ending December 3, 2007 had noted that parliamentary aspirants and their supporters were suspected of fanning the hostilities for political expediency.
One of the aspirants was alleged to be behind the harassment of Kikuyu and Kisii and to have been rewarding youth “according to the houses they burn”. The Commission was told that NSIS security briefing reports were provided to the Minister for Internal Security and Provincial Administration.
Even without the benefit of such NSIS reports, it is the Commission’s view that the Molo DSIC was in possession of enough intelligence from the ground to act more swiftly and more decisively than they did.
For example, a Molo District Security Intelligence Committee meeting held on December 20, 2007 had indicated that there was a likelihood of disruption of voting and that the morale of police officers was noted to be low due to disaffection with a paltry pay rise of 10 per cent. This was a clear early warning signal of a potential security breach.
During the same DSIC meeting, it was highlighted that due to the ongoing insecurity and pre-election violence, mobile polling stations had been set up by the Electoral Commission of Kenya in various places, including Molo Primary School in Molo Town, Chesengere Primary School in Muchorwe, Kamwaura Health Centre, Kenjogetty in Mungetho Trading Centre, Full Gospel Church Muchorwe, Kimkasia Primary School in Nyota and Kuresoi Health Centre.
According to the Chief of Sachangwany location Evans Mageto Kebira, violence in Sachangwany erupted immediately results of the presidential elections were announced on December 30, 2007 where Kalenjin youths burned houses owned by Kisii and Kikuyu prompting him to call a meeting at Mukinyai on December 31.
Community leaders
The witness stated that during this meeting, community leaders accused a local politician, who was present, of having been behind the violence. Following this meeting, there was a period of calm but violence erupted after the killing of Josephat Kinyanjui, an elder in the area, allegedly by the Kalenjin according to statements provided to Commission investigators by several witnesses.
There is consensus from Commission witnesses that a new wave of violence erupted in Molo on December 30, 2007. Commission investigators received a number of statements confirming that Kalenjin raiders started attacking and burning Kikuyu homes on the night of December 30, 2007 and that the attackers received support from some prominent Kalenjins in the area.
Evidence produced by KNCHR corroborates this information in stating that there were reports of Kalenjin youth having been transported from outside the district and housed and fed in the homes of well known Kalenjin personalities.
KNCHR also stated that the Kikuyu and Kisii organised counter attacks in Molo where they were a majority and in response, Kalenjin politicians and wealthy Kalenjin businessmen provided transport to bring in attackers from outside the district to buttress the local Kalenjin population.
This information was corroborated by evidence received by Commission investigators, including from Kalenjins and other sources, that gangs of Kalenjin were transported to Molo from Kericho and Ndoinet areas.
Testimony was received and also statements recorded by Commission investigators in which the local politician is repeatedly named as having planned the violence, an allegation which he is reported to have denied during a public baraza held at Sachangwany Dispensary Grounds on December 14, 2007.
Shot dead
On January 23, 2008, the Commission heard that Jogoo Centre in Mau Summit was razed to the ground in an incident where police shot dead two people said to be behind the attack.
The Commission heard that members of the Kalenjin community held Mr Evans Mageto Kebira, Chief of Sachangwany location, responsible for having called the police who shot dead the two people, which prompted about 200 Kalenjin youth to attack his homestead at Kimanyi Farm on January 24, 2008, burn down all his houses and escape with his 10 cattle and 30 sheep which they took to the neighbouring Chesoin Farm.
At the time of his testimony, Mr Kebira stated that he was discharging his duties as area Chief of Sachangwany location from Mukinyai Farm since he had been declared “persona non grata” by the Kalenjin in his location.
Received evidence
The Commission received evidence from Mohamed Aman, Rift Valley PCIO, indicating that on January 24, 2008, about 400 Kikuyu youths from Molo Town, incensed by the frequent killings meted against their tribesmen by members of the Kalenjin community, ganged up and proceeded to Sirikwa Farm within Kalenjin populated Kuresoi constituency on a revenge attack mission, armed with pangas and other crude weapons.
However, the Kalenjin got wind of the impending attack and ambushed them just before Sirikwa Farm. As a result, 13 Kikuyu were killed and several others escaped with arrows lodged in their bodies.
Evidence was tendered by a witness who said he had attended a meeting of Kalenjins held in the area on February 28, 2008 during which local Kalenjin leaders discussed how to purchase Kikuyu farms cheaply from the Kikuyu who had left.
The Commission also received video coverage of a demonstration on January 16, 2008 in Kimalang village, Keringet division of Kuresoi where some Kalenjin youths armed with bows and arrows were secretly filmed while they smeared mud on their faces to camouflage themselves as they prepared for attacks.
When the witness was spotted by the youths he almost lost his life but for the intervention of a Member of Parliament.
A total of 150 people were killed in the district, another 170 injured, 1,564 houses burnt and 66,000 people displaced by the conflict.
Allegations of partisanship among the police and provincial administration in responding to the violence were made before the Commission.
In Sachangwany, for example, police shot in the air on January 6, 2008 to disperse a group of Kikuyu who tried to put out a fire that was consuming Janet Mulinga’s Nursery School which had been set ablaze by Kalenjin youth.
Simply overwhelmed
In other instances, the Commission established that police were simply overwhelmed by the numbers of Kalenjin attackers. In one such instance, there were only five police officers confronting a mob of Kalenjin attackers estimated at over 2,000.
In Kuresoi, allegations were made against the local OCS that he refused to intervene to stop Kalenjin raiders dubbing himself “ODM damu” (an ODM follower) and that he in fact watched as houses were burnt down at Mwaragania next to his police station.
There is support for this allegation from the report produced by KNCHR which accused the police of complacency and at times complicity in the violence and that some police officers were not only seen in the company of Kalenjin raiders but that some officers derided Kisii and Kikuyu victims “that they were paying the price for voting “kazi iendelee” (let the work continue)” which was the PNU slogan.
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