icc -the leaked mails

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You guys are in the right place at the right time, though, because as you know the ICC process is tough and could be precarious in many ways. It's not really safe and still a long way to go before we know how its going to shape up in terms of actually containing Ruto and Uhuru and holding them to account. So feel good you are safely in XYZ. Stay optimistic: the first year in a new country is always the toughest - after the initial excitement and relief - so be patient and know that you are best off there, even when the going gets rough and the winter gets freezing! You'll get a lot out of it (including French-speaking children!) and you'll be very prepared when real change in Kenya comes. Take care and all best, xyz My friend: As you prepare for tommorrow I thought I should note down some of the key things you need to emphasize, if thats ok with you. Remember that this is a separate asylum application, based on what is termed, "reasonable sense of persecution for your beliefs, work, religion, politics etc." Thus: 1. Emphasize that you have been a HR Defender for years in Rift and have provided evidence to Waki, and ICC 2. That because of that you were taken by ICC to where you are but that the relationship has broken down now and you want to pursue alternative ways to stay alive 3. That returning to kenya is basically means death, as there have been threats and inducements for a long time now, and that as the cases proceed there wil be more stress and tensions 4. That whther you testify or not for the ICC, the fact that you have been removed from your home, and that that is well knpwn, means you will be at risk until the cases are handled 5. That there have been deaths of people who could have been

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Page 1: ICC -THE LEAKED MAILS

You guys are in the right place at the right time, though, because as you know the ICC process is tough and could be precarious in many ways. It's not really safe and still a long way to go before we know how its going to shape up in terms of actually containing Ruto and Uhuru and holding them to account. So feel good you are safely in XYZ. Stay optimistic: the first year in a new country is always the toughest - after the initial excitement and relief - so be patient and know that you are best off there, even when the going gets rough and the winter gets freezing! You'll get a lot out of it (including French-speaking children!) and you'll be very prepared when real change in Kenya comes.

Take care and all best, xyz

My friend:

As you prepare for tommorrow I thought I should note down some of the key things you need to emphasize, if thats ok with you. Remember that this is a separate asylum application, based on what is termed, "reasonable sense of persecution for your beliefs, work, religion, politics etc."

Thus:

1. Emphasize that you have been a HR Defender for years in Rift and have provided evidence to Waki, and ICC2. That because of that you were taken by ICC to where you are but that the relationship has broken down now and you want to pursue alternative ways to stay alive3. That returning to kenya is basically means death, as there have been threats and inducements for a long time now, and that as the cases proceed there wil be more stress and tensions4. That whther you testify or not for the ICC, the fact that you have been removed from your home, and that that is well knpwn, means you will be at risk until the cases are handled5. That there have been deaths of people who could have been witnesses, such as XYZ in November 2009 in cold blood in Nairobi. He was known to be willing to be a witness against Uhuru Kenyatta who is very very close to Ruto6. That The Kenyan ambassador comes regularly to where you are staying which is a bad sign7. that your brother tried to visit you and you warned him off by talking of prosecution and he is close to Ruto

Only when you deal with these issues, should you then talk about the ICC and how they have handled you.

And of course feel free to use my name, ZYX and ZYZ as recommenders/...

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Good luck and let me know if you get this...

M

Siri,

Some pple close to Hon xyz told my brother who lives with my mother in xyz location ,which is about one kilometre to Hon xyz residence that incase anything happed to Hon xyz in huge, they will start with the family it was said few days ago, it was not clear what type of action they will take.

ReplyThank you for this information. Not good news. I think it is important that the ICC gets to know about it. Are you in contact with them or should we transmit your message? If you want us to act we would need some more details.

Kind regards,

As you go out does the knowledge assist 1 & 4 or condemn them to the abyss?

It basically political plot...like i suspected by ngo type....what intrigue me is this lady former ambassador...even after she has been transferred..she is keeping tabs...on a daily basis.

Hi ni from shoe-maker; sijui kama raila iko invovled.

hi.xyz, hope you are doing well, september is just around the corner, i believe this is going to squarely shape our political landscape and come 2012 those people who should never have been born in the first place would never be there to cause mayhem.Take heart and stand to deffend your soil, we are spiritually together with you at that snow and land of wilderness. If you talk to that polygamist called , ask him to sent me his email as he called me with a numberless call that i cant rise him again.Tuko tu na akina with his usual lies. He now days works with . is missing in action, i believe he joined his wife in Kitale.is here breathing fire. Says he has disowned you as a brother in law.

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Anyway that for another day.cheers and cioxyz.

Ok, he called me.

The fees are 120’000 per semester. Quite a lot. We might contribute 50%, hope your relatives can raise rest.

Name 2 is Name 2; Former Ambassador LAITEIA

DAVID Koross complains about ICC Witness Protection Programme http://bit.ly/p3ktZQ

http://bit.ly/nbGcAq

http://bit.ly/oMNXRC

nfact this guys are lies they are abuses, 4 withneses left for Amserdem two weeks i have the information, cheating that not gotten the country for us.....shemfull.

I have told them going back kenya on wenesday.This evening two officers from the office of the prosecution called pleading me not to go back home they wanted to know the problem and i told them ,but promise to follow.

problem the protection programme not trasparent and seletive.I have been complaining of many issues, not confortable with me.

I m coperative with the icc but not pple who do tell the truth.

My wife had aloan from bank of 470,000

thanks for this David...

I will see what I can do with it...

On Thu, Apr 7, 2011 at 2:18 AM, david koros <[email protected]> wrote: - COMPLAIN RAISED.

My nephe Nickson kipkosgey was returned home kenya without any surport ,I used to pay for feers bearing in mind my brother was killed misterusly in the year 2009.

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I had other dependants even my egeing mother.I was expecting my child will go to school immedietely, but they keep on saying waiting for the decision from the Huge.I raised lot of issues as early september 2010 about the welfare of my family.On early october I wrote official complainig to the I C C that promise to act on it, but nothing was succefully.That later on November 2010 we had to push for decision to come out becouse they were not considerate.When my wife was expectant she had high blood pressure due to unpaid loan amounting to 475.000 cooperative bank eldoret kenya and also child not going to school.

When we requested for psycosocial assistant Steve say you see Psycatrist beouse she was pregnant is that when one is pregnant is is being mentaly handycap?imagine the conversation was casualy thruogh the phone ,when you make arequest he normally say line not clear but his collegue Ann her line was always clear...And during meeting with Steve it was not frendly.

During my first appearence with them in Arusha Steve[video} promise my wife that ICC will look for Job so that you can pay your outstanding loan and take care of our dependants nothing realy.

Money given was not enough to provide for the family with comfort.

When my wife was about to deliver I requested number of problem on several occasion extra money to suppliment food and house help only one month was given 20,000 Tanzania per week and even the house help was stop within a month a month of January. bearing in mind that she had undergone cerseian section and she needed urgent medical attention and by then the wound had not healed.

Asocial worker by the name Juliet in Uganda office who was surpose to do follow up during and after before she left , After delivery the Baby was not well she never did any follow up even a call.it was very sad,,

The problem was that there was no clear picture on how the protection programme was being runned i was expecting them one being a withness they should be consultation not lisenig to one party.It is always good to have pple engage them instate of iduling and westing careers.

They should not be intimitating by pushing withness.and remainding he/she that you know that its a voulundary programme everywithness knows that ,this is what i experience when trying to raise an issue.

Mr Grant called after made request to talk to him he called me and expained my situation of security and the outstanding loan for my wife, he told me that what shows that your wife has the loan?and furthermore asked somebody to pay at home...I told him that i m taking my family home the following day which was tueday 1/2/011 an hour later prosecution called and told me that he wanted to

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know my problem I explained to her and she asked me not to go back to kenya not good.... no communication /followup since then.

The protection programme not accomondative and issues of human rights being ingnored.

There should be aclear picture and terms of reference before one leaves a Job like one was working resingn for purpose of Justice for pple of kenya.

For the last 7 months my child has not gone to school the Icc had no reason to give.

It very strange since we left on 8/3/011 they have not written E-mail couse they have contacts.

David koros.

Dated 25-3-2011.

Hi Abubakar,

Please find attached the 1st milestone breakdown, a transfer confirmation of the same and a Milestone payment release form.

Kindly note the following documentation will be required before the 2nd milestone is released;

1. School fees - The school fees invoices(fee structure) and receipts or deposit slips. 2. Rent - Lease agreements confirming the rent amounts. 3. Fuel and communication- Receipts 4.Staff stipends - Time sheets and pay slips. 5. For all cash payments you make to clients, they should sign against the attached payment release form.

Please contact me incase of further clarifications.

Thanks,

Evarista Ing'aa

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Mobile: 254 (0) 729522693Office Tel: 254 (0) 20 3755541/2Office Fax: 254 (0) 20 3755543Development Alternatives Inc.,USAID/OTI-Kenya Transition InitiativeKalson Towers 8th Floor WestOff Parklands RoadP.O.Box 13403-00800Westlands, Nairobi.

Hi I have been summoned for a meeting with the ICC, travelled to NBI today,will keep in touch,. I would so like to know where you have reached on the next installment as clients are in waiting for feedback from my side.

Regards,ABUBAKAR0724 835568

Hi Abubakar,

Thanks for your mail. Kindly submit the returns/report for the previous milestone to enable us release the next one.

Regards,

Evarista Ing'aaMobile: 254 (0) 729522693Office Tel: 254 (0) 20 3755541/2Office Fax: 254 (0) 20 3755543Development Alternatives Inc.,USAID/OTI-Kenya Transition InitiativeKalson Towers 8th Floor WestOff Parklands RoadP.O.Box 13403-00800Westlands, Nairobi.

This account is owned by CAT (eldoret center owned by Wafula Ken and David); a true treasure trove; in eldoret; another by david;

David is now in geneva; and is out of ICC protection programme after excessive demands; and is now asylum though he is still an ICC witness; They converse daily [nearly] with Laitai (former Netherlands Ambassador] and Maina Kia.

I want people who can copy as much as possible; send PM.

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My script is working on third victim;

(Where is Kaunya?)

Oku Kaunya Smart French4/25 3:17 AMSmart French4/25 3:08 AMSmart French4/25 2:59 AMSmart French Vol. 1 and 24/25 2:55 AMSmart French4/25 2:40 AM

*******************************

Hii,davi,

Hope you are fine in kenya how are things there? pls update.

dk

--- On Wed, 10/20/10, david ngenda <[email protected]> wrote:

From: david ngenda <[email protected]>Subject: Good you have registred.To: [email protected]: Wednesday, October 20, 2010, 7:22 AM

Grant Title: National Cohesion; is it achievable

Centre Against Torture

P.O BOX 1937 -30100 ELDORETTEL: +254 721 44 27 83Email: [email protected] / [email protected]

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Activity ReportApril -August 2010

THIS ACTIVITY WAS MADE POSSIBLE WITH THE KIND SUPPORT FROM THE SWISS AGENCY FOR DEVELOPMENT AND COORPERATION THROUGH THE NAIROBI SWISS EMBASSYTABLE OF CONTENTS1.0 EXECUTIVE SUMMARY2.0 ABOUT CENTRE AGAINST TORTURE3.0 BACKGROUND4.0 PROJECT OBJECTIVES:4.1 PROJECT OUTPUTS AND OUTCOMES5.0 ACTIVITIES UNDERTAKEN IN APRIL AND AUGUST 20105.1 Activity #1: Capacity Enhancement Training: Training On Social Change, The role of Human Rights Activists is agents of social change and Revisiting Agenda 4: The importance of National cohesion and integration commission5.2 Activity # 2: Relocation of the beneficiaries to new homes.5.3 Activity #3: Support beneficiaries and their families for 3 Months: 5.4 Activity# 4: Ongoing support counseling for the beneficiaries5.5 Activity #5: 1st Impact assessment (Monitoring and Evaluation);5.6 Acitivity#6: 2nd Impact assessment for the beneficiaries: 5.7 Activity#7: Monitoring Community Integration by the beneficiaries to their new homes5.8 Activity#8: 2nd Capacity enhancement training for staff5.9 Activity #9: 2nd Impact assessment (Monitoring and Evaluation)6.0 LIMITATIONS DURING IMPLEMENTATION7.0 LESSON LEARN’T8.0 RECOMMENDATIONS

1.0 EXECUTIVE SUMMARY:In April 2010 Centre Against Torture Benefited from a Grant by SWISS EMBASSY to conduct National Cohesion and integration activities around the country through facilitating integration of up to 5 families for a period of 5 months. The grant seeks to assist the national cohesion and integration commission, which is the last commission to

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be formed under the national accord, in establishing a baseline before they commence work. The country, two years into the transition, is still healing and there is a lot of skeptism that reconciliation has made any progress or that integration can occur. This grant will support 5 families in evaluating the current potential for integration in Kenya.

2.0 ABOUT CENTRE AGAINST TORTURE:Centre Against Torture is a Human Rights Organization with its main office in Eldoret. The organization works towards promoting advocacy against torture and impunity through preservation of human rights.CAT is also involved in: • Increasing access to justice for the less privileged people in the community who are unable to afford legal fees for assistance.• Enhancing public awareness on the human rights issues• Improving the legal status for the marginalized/vulnerable people in the society• Protecting and promoting fundamental Human Rights and freedoms of Kenyan citizens• The mission will be to create a society that is free of all forms of injustices. The vision will be to create a fresh society that is free of discrimination against the marginalize /vulnerable people.3.0 BACKGROUNDThe national cohesion and integration commission was the last commission to be formed as part of the new national accord . The Commissioners are yet to begin to work given the funding constraints. Kenya is now 2 years into the National Accord and many in the country believe that national healing has or is taking place and that integration is a reality not a dream. However there is no evidence to support these claims.4.0 PROJECT OBJECTIVES:The objective of this activity is:1) To determine whether reconciliation has indeed occurred.2) To evaluate the level to which Kenyans can integrate among different ethnic groups.3) To conduct a mid-term assessment for DONOR ORGANIZATION and for the country ( with the mid-term being defined as 2 years into the national accord)4.1 PROJECT OUTPUTS AND OUTCOMES:• The beneficiaries will be able to live their own lives without fear.• They will continue to monitor issues of ethnic animosity in their area or relocation and back at home. Establish the impact of peace building and reconciliation program in the country.• Through the impact assessment the beneficiaries will be able to share on best practices that can be implemented realize national

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cohesion in the country.

BENEFICIARIES:5 families

5.0 ACTIVITIES UNDERTAKEN IN APRIL AND AUGUST 2010:

5.1 Activity #1: Capacity Enhancement Training: Training On Social Change, The role of Human Rights Activists is agents of social change and Revisiting Agenda 4: The importance of National cohesion and integration commission

As part of the implementation plan Centre Against Torture targeted 6 six staff who were facilitated to engage in integration activities aimed at assessing the impact of integration activities within different communities by working with 5 families. So far these six people have benefited from initial topics that include: understanding the community; Peace building and conflict transformation, Legal awareness; Personality factors in social change and more.

During the forum on April 2010, participants were able to appreciate the topics mentioned above: All the 6 participants actively participated in the interesting and interactive discussions. On revisiting agenda 4: the importance of national cohesion and integration commission delivered by Mr. Rioba Omboto (advocate), participants learned what it entailed and were put to task to ensure that this same knowledge is spread among beneficiaries to the activity. During the session on Importance of Human rights activists as agents of social change, participants learnt that social change entailed understanding conflicts, the role of ethnicity in social change, Governments, personal enthusiasm and respect for human rights. Social change also meant that communities would learn ways of promoting reconciliation and integration among themselves. In the afternoon participants held a group discussion on their experiences, lessons learnt and foreseen challenges, the participants were able to: State the ethnicity factors in non-violent social change within Kenyan communities; Describe the impact of good political leadership in social transformation; Attribute how Politicians determine the peoples reaction to situations.

During the session on revisiting Agenda 4: The importance of National cohesion and integration commission participants also discussed the impact of political changes and struggles that have characterized poor

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leadership in Kenya from early 1980s to-date. It was observed during discussions that:Ã The cry for change in Kenya goes back to the struggles against KANU dictatorship in the 1992;Ã Prominent political and religious leaders painfully and tirelessly championed the clamor for change;Ã Kenyans continue yearning for political, social, economic and cultural changes that will better their lives;Ã Politics of exclusion and inclusion remain prevalent and problematic to the country today;Ã Politics and power sharing has been confounded by incessant wrangling across politicalparties.Ã Kenya has become more polarized along ethnic lines.Ã There is more agitating for reforms under the watchful eye of international community and mediators that is touted to reinforce implementation of reforms, including the yet to be implemented Agenda 4 on the importance of National cohesion and integration commission.

Plenary discussions and way forward:The training on April 10th 2010 featured a Plenary Session where participants were able to appreciate how inherent change qualities in a human rights activist can be utilized to promote change and the ability to:Ã assess the prevailing situation to establish the need for change;Ã observe events in the society and make recommendations for change;Ã administer appropriate conditions to facilitate the desired change;Ã provide adequate and effective leadership to permeate positive change;Ã Initiate relevant control mechanisms to facilitate change.

As part of a way forward, participants said that:Ã There is need for more healing in the communities especially where the communities involved are low income earners as they are usually prone to political misuse.Ã More support is needed to protect these witnesses of violence so as to enable others to come out and seek justice.Ã The government need to be seen to work towards National Cohesion and this will happen when such change agents as Centre Against Torture have the technical support to become monitors to this.Ã The National Cohesion programs should me supported immediately as the reality on the ground is people are still hiding under a blanket

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of unresolved injustices and once not dealt with Kenya could easily go back to violence of 2007/08Ã Centre Against Torture should come up with a program to train communities on the importance of national cohesion and integration and the importance of truth justice and reconciliation commission in preparation to the activity around the country.

5.2 Activity # 2: Relocation of the beneficiaries to new homes.As part of the implementation plan, Centre Against Torture participated in relocating 5 beneficiaries to new homes. The objective of the activity was for these beneficiaries to become tools of evaluating the impact of national cohesion activities in the country. During their stay in their new homes, beneficiaries are expected to come up with personal assessment on their findings in regard to peace building and conflict transformation. In particular the activity will be interested to know if people from different ethnic communities can are now able to live together as a community and whether national healing is really taking place.

5.3 Activity #3: Support beneficiaries and their families for 5 Months: Activity 2 went hand in hand with providing technical support for these beneficiaries. As part of this supported CAT provided the beneficiaries with the following:• Housing for during the implementation period. • Allowances during the implementation.• School fees, uniforms and learning books for the beneficiaries children.

5.4 Activity# 4: Ongoing support counseling for the beneficiariesAs at 3rd June 2010 we have also been able to carry out 7 support counseling for the beneficiaries. During the ongoing counseling, beneficiaries appreciated the following:• Importance of psychosocial support for victims and witnesses of post poll violence as this helps them cope and learnt to integrate with those whom they saw as enemies.• They were able to carry on with their lives and communicate with their relatives after more support counseling. There was strong support from the family as they came out boldly to fight fear of being enemies of the community for long.• Sharing experience made them realize that they were not alone and could come together to seek justice as an individual or community. • Some of the witnesses became bold enough to come out and meet the ICC prosecutor Louis Moreno Ocampo as witnesses to the post poll violence.

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5.5 Activity #5: 1st Impact assessment (Monitoring and Evaluation);In the events of April and May: centre against torture has been doing impact assessment of the activity. The group used assistance of a developed questionnaire by the staff where beneficiaries to the program provided their response to the following questions :a) How are you coping with the new home environment?b) How has the new community accepted you given that you come from a different ethnic back ground?c) How can you rate negative ethnicity in your new home especially against other tribes from the domineering tribe?d) How can you rate positive ethnicity in your new home especially against other tribes from the domineering tribe?e) What is your rating on the peoples knowledge of national cohesion and integration in your new community?f) By living in a community different from your ethnic background, how do you feel as a witness to Post Election Violence?g) What is the political participation in promoting integration in your new community?h) As a witness to post election violence, how has this activity benefited you so far in integrating with other communities?i) In your own view, what is your take on the government and the civil society in their role in promoting national cohesion and integration after the Kenya violence of 2007/08?

JUNE-AUGUST 2010During the month of June-August Centre Against Torture continued to provided moral, social and economic support to the four beneficiaries under the program who had been relocated in 5 different locations from their native homes. These beneficiaries are among the many witnesses to the instigators of post poll violence and have been very much targeted by the local groups who see them as betrayers of the communities. The main objective of this activity is to see whether reintegration into the community can actually occur. To do this CAT has continued to carry out impact assessment, capacity enhancement for the staff working directly with the beneficiaries. In summary we have been able to conduct the following: (1) Impact assessment for the beneficiaries on the ground.(2) Community integration by beneficiaries to their new homes.(3) Part 2 training for the organization staff.

5.6 Acitivity#6: 2nd Impact assessment for the beneficiariesCentre against torture carries out impact assessment of the program on the beneficiaries. The team visited the ground and carrying our interviews from the natives and also held 12 focused grouped

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discussions with the beneficiaries. The aim of these discussions was to find out the following:a) Whether national cohesions is taking place in the country.b) Whether reconciliation has really occurred in various towns of the country.c) The number of friends from other tribes they have managed to make and what they think of them.d) What other tribes think of them as people from other community.e) The rate at which politics plays a role in the daily affairs of the community.f) If they would consider settling for good or going back soon as the program comes to an end.g) How the program has changed their perception about other tribes.During this activity a questionnaire was filled. And results tallied.

5.7 Activity#7: Monitoring Community Integration by the beneficiaries to their new homesCentre against torture also carried out 8 community integration sessions with the beneficiaries around their new homes. We needed to understand the perception and attitude the native had created towards or against the beneficiaries and what the beneficiaries thought of their new neighbors. At this we wanted to find out the following:• The number of friends the beneficiaries have made from other communities.• The politics of the communities whether it was ethnic based or based on facts.• State the ethnicity factors in non-violent social change within Kenyan communities• Describe the impact of good political leadership in social transformation• Attribute how Politicians determine the people’s reaction to situations.

Key findings:a) People still play ethnic politics and leaders have a strong impact on locals decisions towards issues.b) There is existence of negative ethnicity on the ground but people do it silently in their homes.c) With the coming of the constitutional debate in the country, community integration is seen to be divided among those supporting and those opposing the draft constitution.

5.8 Activity#8: 2nd Capacity enhancement training for staffThe second part of capacity enhancement training targeted 6 six was

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held in the month of July facilitated to engage in integration activities aimed at assessing the impact of integration activities within different communities by working with 5 families. So far these six people have benefited from initial topics that include: understanding the community; Peace building and conflict transformation, Legal awareness; Personality factors in social change, The role human rights activists as agents of social change, revisiting agenda 4: the importance of national cohesion and integration commission. As part of the implementation process, the following topics were tacked:a) Perception and communication.b) The role of human rights activists in promoting peace and integration.c) Developing journals: Its relevance in administering community peace and integration programs.

During the forum on July 2010, participants were able to appreciate the topics mentioned above: All the 6 participants actively participated in the interesting and interactive discussions.

Plenary discussions and way forward:Both the 2 trainings featured a Plenary Session where participants were able to appreciate how inherent change qualities in a human rights activist can be utilized to promote change and the ability to:Ã Community civic engagement may provide a non partisan mode of healing in the communities especially where the communities involved are low income earners as they are usually prone to political misuse.Ã More support is needed to protect witnesses of violence so as to enable others to come out and seek justice.Ã The government need to be seen to work towards National Cohesion, at this the government should partner with other nongovernmental and CSOs by providing technical support to become monitors to this.Ã The National Cohesion programs should be supported immediately as the reality on the ground is people are still hiding under a blanket of unresolved injustices and once not dealt with Kenya could easily go back to violence of 2007/08Ã Centre against Torture should come up with a program to provide communities with the capacity to promote national cohesion and integration in their communities.

5.9 Activity #9: 2nd Impact assessment (Monitoring and Evaluation)In the ongoing events centre against torture has continued to do impact assessment of the activity. The group used assistance of a developed questionnaire by the staff where beneficiaries to the

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program provided their response to the following questions:j) How are you coping with the new home environment?k) How has the new community accepted you given that you come from a different ethnic back ground?l) How can you rate negative ethnicity in your new home especially against other tribes from the domineering tribe?m) How can you rate positive ethnicity in your new home especially against other tribes from the domineering tribe?n) What is your rating on the peoples knowledge of national cohesion and integration in your new community?o) By living in a community different from your ethnic background, how do you feel as a witness to Post Election Violence?p) What is the political participation in promoting integration in your new community?q) As a witness to post election violence, how has this activity benefited you so far in integrating with other communities?r) In your own view, what is your take on the government and the civil society in their role in promoting national cohesion and integration after the Kenya violence of 2007/08?

6.0 LIMITATIONS DURING IMPLEMENTATIONDuring implementation of the program: the following deficiencies/ limitations were realized:a) Due to lack of mobile facility, it was challenging for CAT staff to keep up with the demands of M&I given that the beneficiaries were relocated in different towns and also the funding provided for this was little.b) There will be need to provide for some little stipend for the implementing persons as working around the activity requires more energy and at most emergency plans for any eventuality while on the ground.c) On the issue of children to the beneficiaries, CAT had a great challenge in relocating them to new schools given that it was a one month to the closure of the school.d) Reception of new beneficiaries was met with suspicions.e) The cost for relocation was high since most of these beneficiaries are unemployed some being low income earners, these meant that we had to incur other unexpected costs for relocation like the purchase of new uniforms.f) These beneficiaries are live under hidden fear and it will be important to provide on going psychosocial support to assist them cope with anxiety and fear for the coming months.g) We still have other witnesses who had been reportedly informed of the program by the 5 beneficiaries who have visited the office

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requesting for the same support for fear of their lives given that most of them are seen as traitors.a) Due to lack of mobile facility, it was challenging for CAT staff to keep up with the demands of M&I given that the beneficiaries were relocated in different towns and also the funding provided for this was little.b) There will be need to provide for some little stipend for the implementing persons as working as the activity requires more energy and at most emergency plans for any eventuality while on the ground.

6.1 LESSON LEARN’TAfter the training participants came together for group discussions and the following was noted:Ã Prominent political and religious leaders need to be educated and put pressure upon to champion for the democratic rights of the communities they represent.Ã Kenyans continue yearning for political, social, economic and cultural changes that will better their lives.Ã Politics of exclusion and inclusion remain prevalent and problematic to the country today.Ã Kenya has become more polarized along ethnic lines.Ã There is Still more agitating for reforms under the watchful eye of international community and mediators that is touted to reinforce implementation of reforms, including the yet to be implemented Agenda 4 on the importance of National cohesion and integration commission.

6.2 RECOMMENDATIONSa) These beneficiaries are still important in the ongoing investigations of perpetrators of Kenya violence of 2007/08 and it will be highly important to extend the program for 3 more months at which we believe the ICC will be in a position to actually take over a protection program. (The ICC is targeting 60 witnesses in the whole country and in different categories).b) There are other witnesses who had been reportedly informed of the program by the 5 beneficiaries and have visited the CAT office requesting for the same support and protection for fear of their lives given that most of them are seen as traitors in the community.c) We worked with CAT volunteer and it would be highly recommended that a little stipend is allocated for them for future programs.d) As the ICC is flying out witnesses, we request that those on the program be supported till their time.e) Mobility was challenging for CAT as we need to keep on relying on

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public vehicles and the program spread around the country.• There were emerging issues in terms of expenditure and some funds had to be used for other needs like uniforms and textbooks.

From: Walt Siri EDA WTS <[email protected]>Subject: RE: OcampoTo: "centre torture" <[email protected]>Cc: "Pelli-Njama Paola EDA APA" <[email protected]>Date: Monday, May 17, 2010, 12:37 AM

Dear David,

Thank you for the information. We trust the witnesses are in good hands with you and hope that the ICC can make process in Kenya!

Best regards,

Siri

-----Original Message-----From: centre torture [mailto:[email protected]]Sent: Sun 5/16/2010 2:00 PMTo: Walt Siri EDA WTSSubject: RE: Ocampo

Thanks.Meeting with Ocampo was very good.Shared number of issues affecting victims and witnesses dominated the talk.

It started at 2 pm and ended at 4 pm on last Tuesday. There after i HAD 3 hours close door meeting WITH THE PROSECUTION officers from 5 pm to 8pm at night.

Thanks,

david koros

Note SK; Samwel Kimeli Kosgey and DNg; David Ngenda;

Witness no 6 and Witness no 8.

From: Kachra,Galeeb <[email protected]>Subject: RE: phones

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To: "centre torture" <[email protected]>Date: Monday, April 12, 2010, 6:54 AM

Thanks. You mean WR - ID card 11180141?

--------------------------------------------------------------------------------From: centre torture [mailto:[email protected]] Sent: Monday, April 12, 2010 10:38 AMTo: Kachra,GaleebSubject: RE: phones

WK,SK and D.NG recieved phones from Omar on evening satuday.This was as a resuit of icc team had visited his office, them had testify before commssion earlier.

meanwhile SK and Dng i ve copy of lette from the icc dated 9th march 2010 ,will avail a copy later to you.

d k

know Maina american wife (senior USAID) and i know from cia type that Maina speak to obama directly. I know for instance that Main met with Obama and spoke for some time at Ghana..where the wife was serving as USAID Mdosi.

His keen interest in ICC proceedings tentatively link it with Raila;

Details will be revealed shortly; script is working; i love it.

I now know alot.

This laitai (former netherland ambassador) intrigues

Okay; Exhibit one;From: "maina kiai" <[email protected]>View contact detailsTo: "david koros" <[email protected]>dear David:

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Sorry I have been so out of touch...but its been terribly stressful with the illness of my wife. She is much better now and ok but I am now in Ghana alone with the kids as she recovers and gets specialized treatment.

Good for you this course. Adrien is a great teacher on UN systems and say hello for me...

maina

Now i get it. This is Laetitia Van Der Assum, the blonde former Netherlands Ambassador.

From: centre torture [mailto:[email protected]] Sent: Tuesday, April 13, 2010 11:27 AMTo: Walt Siri EDA WTSSubject: re; intourch -icc

Thanks.Recived new phone.ICC office will be communicating to me btw now and friday this week.After 3 weeks prosecutor will see me in person.We have relocated all withnesses, doing well.

david koros.

Thank you for your message. I will be out of the office until April 18. Please address urgent mails to [email protected].

From: Yulia Babuzhina <[email protected]>To: centre torture <[email protected]>Sent: Sun, January 30, 2011 7:27:24 PMSubject: Re: URGENT: UNVFVT - P. 787 CAT_ RESPONSEDear Mr. Juma, Thank you very much for your detailed answers. I would like to confirm tentative date of my visit for 18 February and I am currently dealing with (challenging) logistics to get to Edloret. Shortly, I will let you know the hour of my arrival and programme of visit. Best regards and looking forward ot meeting you soon in Eldoret, Yulia Yulia BabuzhinaAssociate Human Rights OfficerOffice of the High Commissioner for Human RightsPalais Wilson, 52 Rue de Pâquis1201-Geneva, Switzerland

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Tel: +41 22 917 96 92e-mail address: [email protected] centre torture <[email protected]> 24.01.2011 16:47 To Yulia Babuzhina <[email protected]> cc Subject Re: URGENT: UNVFVT - P. 787 CAT_ RESPONSE

Dear Yulia Babuzhina, Attached please find response to your questions as per your letter dated Friday, January 21, 2011. We will be happy to clarify more queries. best regards and looking forward to welcoming you to Eldoret, Abubakar Juma Ag. Director Centre Against Torture Eldoret Kenya From: Yulia Babuzhina <[email protected]>To: [email protected]: Fri, January 21, 2011 8:28:37 PMSubject: URGENT: UNVFVT - P. 787 CAT

Dear Mr. Coros and Mr. Juma,

My name is Yulia Babuzhina and from now on, I will be in charge of your project P.787 within the UN Fund for Victims of Torture. First of all, please accept our apologies for continious changes of staff members responsible for this project.

I am writing to follow up on your application for 2011, as well as to check your availability for a visit to your project on behalf of the Fund.

1) Application for 2011 - We thank you for the detailed answers to our questions formulated in the mail from November 12. If we understood correctly from your application and previous correspondence, the main focus of the project is legal assistance complemented by prsychological councelling. Medical assistance is provided by referrals either to IMLU or to hospitals/other institutions. In this conenction, please detail what exact legal actions do you take upon and what are the results of your actions so far (sicne the cases studies are not detailed enough to understand fully legal assitance provided). In addition, we take note that some kind of reconciliation of the vicitms with offender is encouraged (page 3 of your replies), by psychological sessions where the offender "may offer to settle the issue (...of torture) by buying the offended a cow." Please elaborate on this aspect of your work and please indicate how many victims did prefer this kind of "compensation" instead of seeking legal redress through the courts.

- Regarding the consultancy with legal firms and external psychologists, please indicate if there is a formal agreement (contract) between CAT and them. Also,

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please indicate if they work pro-bono or are remunerated. From your applicaiton, it seems that 4 staff are employed by the NGO, but how many people are working under the project in total, including the consultants?

- Under the part 1 of your applicaiotn, you explain that the justification and aims of the project is to rehabilitate victims of post election violence in Rift Valley region. However, only a few case studies actually refer to post election violence. Kindly explain this point.

- The number of victims (800 according to your estimations, 500 to be assited with the Fund's grant) seems very high. Please confirm, if all cases are active cases with which your are currently working? Do they all refer to victims of torture or victims of other human rights violations as well?

- It is a practice of the Fund to contact other donors and to check letters of recommendations. Please provide us the details of your contact persons in EU and USAID. Moreover, please update us on the financial situation of your project for 2011. According to our guidelines the Fund can cover a maximum of 2/3 of the total budget of the project.

2) Mission to Kenya Please note that, according to our guidelines (§16), all first time applicants are to be visited by the Secretariat of the Fund or a UN Office in the field before any new grant is paid. The mission to Kenya including visit to your project and another 6 organizations has been tentatively scheduled for the period from 14 to 24 February 2011. We would be grateful if you could indicate your availability for the dates suggested. To facilitate the organization of the visit, kindly indicate several dates that would be suitable to you.

Regarding the venue of the visit, we would need to visit your premises, meet with staff involved in the project to discuss the work of your organization. We would also appreciate meeting with the person of your team in charge of preparing narrative and financial reports on the use of the grant to discuss and clarify any questions you may have with respect to Guidelines, criteria, grant's cycle and reporting procedure.

Additionally, in order to have a better assessment of the work of the organization, it would be very interesting for us as well to meet with 2-3 beneficiaries of the project. Please, inform them that the meeting will be strictly confidential and kindly ask them if they agree to meet with the members of our secretariat. Please note that, according to our guidelines (§ 60), a confidential report on this evaluation will be prepared for consideration by the members of the Board.

Since the project is implemented in Eldoret and Rift Valley, we would like to ask you what would be the most convenient way to get to Eldoret (air and car from Nairobi).

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We would be grateful if you could confirm your availability as soon as possible. Once you confirm the date, we will agree upon a programme of work.

you project will be presented to the Board of Trustees of the Fund during its next session to be held in geneva form 31 Januaryto 4 February 2011. Given the short time left before the start of the session, kindly send to us your replies as soon as possible and by Tuesday, 25 January 2011.

Should you have any questions or require further information, please do not hesitate to contact us.

We look forward to your prompt reply and thank you for your valuable cooperation.

Kind regards, Yulia

Yulia BabuzhinaAssociate Human Rights OfficerOffice of the High Commissioner for Human RightsPalais Wilson, 52 Rue de Pâquis

Dear David,

It seems an email from you has leaked. Following the link below and scroll to a message by Phil which has a link to your email.

You may have to change your email address immediately. The suggestion is that you are witness number 6.

http://jukwaa.proboards.com/index.cgi?b ... 1315321915

please keep in touch. I have already alerted Maina to his because he is also mentioned.

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All best and be careful out there!

Laetitia

by RV Pundit » Tue Sep 06, 2011 9:29 am

Siri WaltMinister / Deputy Head of Mission Embassy of Switzerland(for Kenya, Rwanda, Burundi, Uganda, Somalia and the Seychelles) Mama Ngina StreetInternational House, 7th FloorP.O. Box 3075200100 Nairobi GPOTel.: (+254 20) 2228 735Fax: (+254 20) 2217 388mailto: [email protected] (direct)mailto: [email protected] (office) http://www.eda.admin.ch/nairobi P Please consider the environment before printing this email This e-mail may contain trade secrets or privileged, undisclosed or otherwise confidential information. If you have received this e-mail in error, you are hereby notified that any review, copying or distribution of it is strictly prohibited. Please inform us immediately and destroy the original transmittal.-----Original Message-----From: centre torture [mailto:[email protected]] Sent: Friday, June 11, 2010 9:31 AMTo: Walt Siri EDA WTSSubject: RE: photocopies

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Thanks. Well

Forgotten to do photocopies of the financial documents brought to you.

kindly assist and send for me.

thanks,

david koros

Dear David,

Thank you for the update and good luck. Of course I would be interested in hearing from you after the meeting (mobile: 0722 520 824).

We thought that it would in the end be too risky to send TV crew into the region.

Kind regards,

Siri

-----Original Message-----From: centre torture [mailto:[email protected]]Sent: Fri 5/7/2010 7:27 PMTo: Walt Siri EDA WTSSubject: Re: Ocampo

Dear ,Maadam

Thanks.I have been selected from the region to meet Chief prosecutor on Tuesday nerxt week.my withneses where also selected.

David koros

Dear David,

Swiss TV station would like to make emission about work of ICC in Kenya. Would

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you be interested in meeting them? Would it be feasable for them to meet witnesses?

Thanks and regards,

Siri

Hil musau,

Thanks for your concern,others are samwel kosgey from{ Nandi} william rono{UG},BARUSI JUMO AND ,DAVID NGENDA SAMMY KOSGEY AND BETWEL RUTO.

DAVD KOROS

--- On Tue, 10/20/09, steve musau <[email protected]> wrote:

From: steve musau <[email protected]>Subject: Re: threatsTo: "david koros" <[email protected]>Cc: [email protected], [email protected]: Tuesday, October 20, 2009, 11:40 PMThanks Koros for this info

Please may I also have the names of others whom you think are in danger and we see how to help plz. Keep on updating me on these developements plz

Musau

--- On Tue, 10/20/09, david koros <[email protected]> wrote:

From: david koros <[email protected]>Subject: threatsTo: [email protected]: [email protected], [email protected]: Tuesday, October 20, 2009, 2:09 AM

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Dear Musau,Hope you are fine.

Thanks for your concern.its good that you understand my problem from the begining,that is way back from last year.recently we were arrested&interrogated for two hours.

It was as a result of raising concern over the arms in the volatile region.the locals&the government are now threatening my life,even the area member of parliament(Hon. William Ruto).

I appeared in camera before Waki Commission&also marshalling witnesses before Waki seating in Eldoret.I also prepared victims to talk to Prof. Alston when he came to Eldoret early this year.

My name has featured negatively in the public.I have decided to move away for sometime,i have been receiving anonymous calls&threats and I spotted a stranger at around 8pm in my residence on sunday(17th Oct,2009) night.

But as a human rights activist,i will continue fighting for human rights.I do request for moral&financial support.

Yours Worried,David Koros

Thanks David for your mail, siku hizi kenya we get kitu kikubwa not kidogo. wen r u sending the kitu kikubwa and thru who. Hope u r using the opportunity to network. who knows one day u might become a donor or connect us to some! You must enroll and read bro, do not squander this precious moment. The MTRH case has caused jitters, Warreng chairman and some cllrs have also filed their for the courts to compel Kibaki to appoint a CEO, seemingly they imagine this will give Haron a direct chance. the court wants to consolidate the two files, they are coming up 28 of this months. WILL KEEP you posted. saisere, salimia lagogi.

We are fine nick.You still remember photos we took in USAID with Reinmberger i remember i had told you before in your camera pls print[ wash}out for me will send something.

Pls confirm.

david.

(note nick is code for Ken Wafula)

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Now Meshack was not convinced by turn of events and what I told him about the USAID winding the program. He immediately ganged up with Rono and Sammy Koech and a series of meetings were held with inclusion of Rutos Advocate, Advocate Katwa. and the personal assistant to Ruto Mr. Keitany. The strategy was on how to convince other witnesses left by the ICC to Join their camp and how best they can tackle the ICC witnesses. A final meeting was later held at AMACO offices in Nairobi where Meshack, Rono, Sammy and Seven Others were invited to discuss the issue with Honourable Ruto. This was on 17th-19th January 2011. Meshack led prayers in the office (he is regarded as pastor at home) and also issued opening remarks.The 7 others were drawn from various counties in rift Valley. They were told to recant their statements which were taken by Advocate Katwa and each signed his statement. They were rewarded with some amount and Hon Ruto advised them to look for others and that he will arrange for a major meeting at his home in Surgoi to cement their relationships and tell people to accept these people back to the community.We are yet to see.

These details were unveiled to my office by HELLEN CHEBET who was one of the people whose views were also documented by the AHRW and somebody by the name Caleb, whom Meshack had contacted advising them to follow his suit. Upon Meshack realizing that I have gotten the details they started waging war to me and the office, to the extent of threatening to close it down in a few months time. he was alleging that we are not here to assist, but to corn people and use their statements to source money, reason being that he was not given protection. So far the office has assisted Hellen to secure protection from the coalition of human rights defenders. Caleb on is part has since pulled out and he does not want to be associated with PEV issues any longer. He is living a quiet life.

The problem was that there was no clear picture on how the protection programme was being runned i was expecting them one being a withness they should be consultation not lisenig to one party.It is always good to have pple engage them instate of iduling and westing careers.

They should not be intimitating by pushing withness.and remainding he/she that you know that its a voulundary programme everywithness knows that ,this is what i experience when trying to raise an issue.

Mr Grant called after made request to talk to him he called me and expained my situation of security and the outstanding loan for my wife, he told me that what shows that your wife has the loan?and furthermore asked somebody to pay at home...[b]I told him that i m taking my family home the following day which was tueday 1/2/011[/b] an hour later prosecution called and told me that he wanted to

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know my problem I explained to her and she asked me not to go back to kenya not good.... no communication /followup since then.

The protection programme not accomondative and issues of human rights being ingnore