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Seattle University School of Law Seattle University School of Law Digital Commons The Truth, Justice and Reconciliation I. Core TJRC Related Documents Commission of Kenya 7-19-2011 Public Hearing Transcripts - Nyanza - Kisumu - RTJRC19.07 (H.H. The Aga Khan Hall, Kisumu) Truth, Justice, and Reconciliation Commission Follow this and additional works at: https://digitalcommons.law.seattleu.edu/tjrc-core Recommended Citation Truth, Justice, and Reconciliation Commission, "Public Hearing Transcripts - Nyanza - Kisumu - RTJRC19.07 (H.H. The Aga Khan Hall, Kisumu)" (2011). I. Core TJRC Related Documents. 111. https://digitalcommons.law.seattleu.edu/tjrc-core/111 This Report is brought to you for free and open access by the The Truth, Justice and Reconciliation Commission of Kenya at Seattle University School of Law Digital Commons. It has been accepted for inclusion in I. Core TJRC Related Documents by an authorized administrator of Seattle University School of Law Digital Commons. For more information, please contact [email protected]. ORAL SUBMISSIONS MADE TO THE TRUTH, JUSTICE AND RECONCILIATION COMMISSION HELD ON MONDAY 18 TH JULY, 2011, AT THE AGA KHAN HALL, KISUMU PRESENT Berhanu Dinka - The Presiding Chair, Ethiopia Gertrude Chawatama - Commissioner, Zambia Ahmed Farah - Commissioner, Kenya Tom Ojienda - Commissioner, Kenya Ronald Slye - Commissioner, USA Patricia Nyaundi - Commission Secretary (Opening Prayer) (The Commission commenced at 09.20 a.m.) (The Presiding Chair (Commissioner Dinka) introduced himself and other Commissioners) The Presiding Chair (Commissioner Dinka): Good morning. We have two representatives from the Kenya National Commission on Human Rights (KNCHR) who are here with us. I welcome you and I would like to recognize you. We have very important witnesses and as the truth seeking Commission, we would like every witness to be respected and given the dignity they deserve whether we like their testimony or not. Whether we agree with them or not, we should respectfully listen and no comments will be made during testimony and no unnecessary movements will be allowed in the hall so that they could testify without being distracted. In connection with this, I would like everyone to switch off his mobile phones. For camera people, the video cameras will continue working. The still cameras can take pictures while the testimony is going on. However, no flash lights should be used. Anyone who does not comply with these instructions will politely be asked to leave the room. I would like to ask if there is any counsel present. I see none. I would like to ask the Leader of Evidence if she would like to make any preliminaries. There is no need for preliminaries. Thank you very much. So I would like to start the session by ask the Hearing Clerk to bring in the first witness and administer the oath. Thank you. (Mr. Andrew Lawrence Odhiambo Njoga took the oath) H.H. Aga Khan Hall, Kisumu 1 Monday 18 th July, 2011 The Commission Secretary (Ms. Nyaundi): Thank you and welcome to the Commission’s hearing this morning. For the record, please, tell us your name, where you live and your current occupation. Mr. Andrew Lawrence Odhiambo Njoga : My full names are Andrew Lawrence Odhiambo Njoga. I come from Jimo East Sub-Location in East Nyakach, Nyakach District. The Commission Secretary (Ms. Nyaundi): Thank you very much. You have recorded a statement with the Commission concerning your detention following the failed coup attempt of 1982. I now invite you to submit your statement to the Commission. Mr. Andrew Lawrence Odhiambo Njoga : I think I have submitted my statement to the Commission. Due to time and because I have stayed for long, I will briefly go over it. I was on duty on 31 st . In the evening, I completed my duty and went to my place of residence. I rested for a short time and after taking my supper, I went to sleep. At around past midnight, I heard a command: “Soldiers, go out to the armory and arm yourselves.” I woke up and went to the armory as directed by the command, which was my usual place of duty. I was an Arms Photo Technician. When I went to that place, I was surprised. It was a place that you could not just enter that way; but all the doors were open and there was a rush of taking arms and ammunition. I armed myself and stayed inside there. Many soldiers were coming and arming themselves. That was not the routine order of the day there. The routine order of the day at that place was that when you enter, you write your name at the gate, then you write what you want to do inside and what you want to take. After that, you are given a chance to do so. Our names were written in a book and the type of weapon that we were taking, plus the number of ammunition. That was not the order of that day. I stayed in the armory up to around 4.00 p.m. That is when I heard that things were bad in town. So, we went to a place next to the Sergeants’ Mess where the white flag was raised. We gathered there and then we saw the marching orders of army officers coming towards our direction. We stayed there for long and many Air Force soldiers were gathered there. After a short duration, the army officers came next to us and ordered us to remove our clothes, shoes and the head dress. We remained with our inner pants and stayed apart. We were then told to move to the Sergeant’s Mess Hall. We stayed there and after a short time, we were ordered to enter the army trucks which were standing by the door. We entered the vehicles and later, we were transported to Kamiti Maximum Prison. While there, we were taken to Block C where we stayed for a number of days, then the interrogation started. I was later removed from Block C, Room 1 to Room 2. After that, I was called for interrogation and thereafter, I was taken to Room 3. We stayed there and then I was transferred to Naivasha Maximum Prison, where I stayed for over month while the interrogation was taking place again. H.H. Aga Khan Hall, Kisumu 2 Monday 18 th July, 2011 I was taken to Block A, Door 10; an isolation Block. I stayed there and then I heard somebody from outside calling Robert Odhiambo. I kept quite because I was not Robert. Then I was informed by one of the officers that I was the person who was wanted. I told him I was not Robert. Then I realized I was the person who was needed. I did not hesitate but walked out with him. I was led to a Land Rover that was standing by the side of the door. I was then taken into a room for further interrogation where I found some other officers. They asked me my full names and my place of duty. I told them that I am Andrew Lawrence Odhiambo Njoga with a Service Number 024683, working in Eastleigh as an Army Photo Technician. They were convinced and then I was taken back to my room. I stayed there for a number of days again. Later on, I was removed from Room 10 to Room 23 upstairs which was in the same Block A. I stayed there for a number of days. Then I was called again after some time to go and record my statement. I went and wrote my statement and then I was brought back. All in all, I suffered greatly, but I knew nothing about the coup attempt. I suffered greatly because I came from Nyakach and I was having the name “Odhiambo”. I started experiencing eye problems when I was in prison. I tried to reach the doctor but it was very difficult. Later, after recording the statement, I was then transferred again to Kamiti Maximum Prison, and later to Langat Barracks for the Court Martial. We were not prepared for the court Martial. We were not even given time to be represented. In Kamiti, I was informed by my colleagues that there was a magazine which said that I had already been sentenced to nine years imprisonment. To my surprise, when I went to the court martial, I was given nine years imprisonment. So I was later transferred to Industrial Area Prison where I waited to be taken to Shimo La Tewa Maximum Prison in Mombasa. I stayed there until the time when I was told that according to the documentation, my sentence was reduced to six years by the review. My eye problem did not stop but it was difficult to access the doctor. The clinical officers who came to see us, they only gave us panadol. It reached a time that I could not even eat. So I was given time to be taken to the dispensary where I was admitted and all the eyes were closed with a bandage. I stayed in the dispensary for about four days. When the bandage was removed, I could not see. The clinical officer wrote for me a letter so that I could be taken to Coast General Hospital to go and see a consultant. I was given treatment and admitted at the Coast General Hospital. I was operated on my left eye but it did not succeed very well. The doctor recommended that I be transferred to Kenyatta National Hospital. I was then brought back to Shimo La Tewa where all the plans were being done so that I could be taken to KNH.
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