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VIOLENCE, INTIMIDATION AND INCITEMENT TO VIOLENCE NAIROBI 1. On 17th February 2013, Mr. Imwatok, the ODM candidate for the Makongeni County Ward Representative seat was attacked by supporters of his rival while having lunch with his campaign team at Gulf hotel along Jogoo Road. Two of his supporters were also injured in attack. 2. There are reports that some Kikuyu landlords in Kasarani area are ejecting tenants from the luo community from their rental houses. There are also reports that Jubilee supporters are harassing CORD supporters and disrupting their campaign caravans. 3. Tension is reportedly brewing in Mwiki whereby the TNA candidate, Mr. John Njoroge Chege has been linked with the use of gangs to intimidate, harass and threaten his opponents and their supporters. After the party nominations on 18th January that the area residents started expressing fears of the resurgence of the outlawed Mungiki sect. Mwiki area was one of the hotspots inhabited by members of the outlawed sect before its crackdown begun a few years ago. On Thursday 14th February, the same candidate flanked by his supporters is said to have confronted the entourage of the GNU candidate Geoffrey Ng’ang’a in Njiru area in a way meant to provoke them and cause mayhem. 4. On 17th February 2013 during a Ford Kenya rally in Huruma, the Ford Kenya candidate for Mathare parliamentary seat Mr. Anthony Oluoch claimed that his life was in danger after he declined to accept Kshs 22 million which was later raised to Kshs 40 million for him to opt out of the National Assembly race. In a recent interview this aspirant has been accused of hiring youths to create chaos in the constituency where he is competing against the ODM candidate Mr. Steven Kariuki. At a recent CORD rally convened by Dr. Evans Kidero, one person was killed following clashes between supporters of the two candidates 5. In Kawangware, Waithaka, Kangemi and Kibra areas, people were moving from places which are perceived to be strongholds of certain coalitions to areas within Kibra where they felt safe. For example, Kambas, Luhyas and Luos were reportedly moving from Laini Saba to Silanga where the majority of the residents were Luhyas and Luos. On a similar note, the members of the Kikuyu ethnic group were also moving out of areas perceived to be CORD strongholds to perceived JUBILEE strongholds like Laini Saba to ensure they are safe. Some of them are reported to have moved to areas like Waithaka. In Getina, a group of young men from the Luhya community told the KNCHR that once they vote on March 4th, they will immediately travel to their rural homes in order to evade the inevitable violence. The Commission was also reliably informed that the two main ethnic groups (Luos and Kikuyus) had already set up their own security measures to secure Gatwikira and Laini Saba respectively. The areas are known for harboring criminal groups. There are reports that most people have started stocking food and other supplies in their houses in case of any violence. Business people on the other hand have reduced their stock and are only trading in essential goods. One business woman in Getina location, Kawangware explained that in her case, since her shop is small and mobile, she ordinarily stocks only what is enough for a few days 6. Intimidation: in Makina Ward, Kibra Constituency, Safina County Ward Rep aspirant Mr. Sheikh Ahmed Ramadhan, informed the KNCHR that he had been intimidated by ODM agents and severally accused of spoiling ODM votes since his party Safina, was initially in the CORD coalition. He also reported that some intolerant political opponents have used their agents to destroy his campaign posters. UASIN GISHU 1 7. On 16th February 2013, during a URP campaign rally at Cheptiret Shopping centre in Kesses Constituency, at about 5.30 p.m., a vigilante group known as taliban (supporters of Mr. David Koros former area MP) attempted to disrupt the rally which was convened by Mr. James Bett, URP candidate for the Kesses seat. They were later confronted by URP supporters. The Mr. Korros and his Taliban youth are not comfortable with James Bett since they claimed he rigged himself in during the URP nominations. 8. On 21st January 2013, leaflets were circulating in Kapsaos village in Nandi East District in Nandi county urging people to vote for URP and warning other communities in the area against voting for UDF party. The Nandi are the majority in the area but there are significant populations of Luhyas and other communities. 9. In Langas, Kapsaret Constituency, KNCHR confirmed that some members of the Luo community have been moving out of the area for fear of being targeted in the run up to the general election. The Commission spoke to four families who were moving out. The families attributed their actions to fear of being victimized due to the perception that they were going to vote for CORD. This situation is also replicated in Kimumu which is predominantly occupied by members of the Kikuyu community. The security agents interviewed stated that there was not so much they could do to prevent the communities from moving out but they assured us of sufficient security. 10. In Likoni constituency, there are reports that the Kikuyu community living will be evicted should Uhuru Kenyatta win the presidential elections. This stems from a belief among the non-Kikuyu community that a Jubilee government will not address contentious ‘land issues’ in the region. 11. In Kisauni constituency there is mounting tension and conflict between supporters of the different parties especially in Mjambere, Magogoni and Junda. It is alleged that supporters of ODM candidate for the Kisauni Parliamentary seat, a Mr Benziba, have been going round the constituency intimidating and beating up their opponent’s supporters. Several cases have been filed at Nyali police station. On one occasion, one of Mr. Benziba supporters a Mr. Hamis Mwabashir was quoted saying: “If you don’t cooperate then we know what to do”… “Wasiposhinda (ODM aspirants) kuna damu nyingi itamwagika Kisauni, Mombasa ni yetu na Kisauni ni yetu”. There are reports that goons have been hired from as far as Likoni and Mtongwe as security for Mr. Benziba. KWALE 12. There are reports that MRC are regrouping and reoathing near Lunga Lunga and are planning to disrupt the elections. The MRC are reportedly re-oathing in Dzombo, Mirima, Marenje hills. The same is happening in Mohaka forest. Dzombo hills is said to have a high population of Kambas. Most native residents mainly Digos and Durumas are reported to have largely heeded to the MRC calls not to take register as voters. There are unconfirmed reports that the MRC are threatening to launch attack between 27th February and 4th March. 13. There are still reports of leaflets associated with MRC circulating in the areas warning locals against participating in the elections and asking non locals to leave the area. There are reports that youth are being trained in forests within the county including: Arabuko Sokoke, Jibana and Pala Kumi forests which residents highly suspect are the origins of the MRC linked leaflets. As a result some people are reportedly moving out of the area. 2 Copies of leaflets allegedly associated with the outlawed MRC group. KWALE 14. There are reports that recent incidents of killings which appear to target business men from a particular community in Diani are raising tension in the area. Though it is still not clear whether the killings are politically instigated, some residents from perceived “unwanted” communities have planned to shift their families to either their rural areas or to relatives who live in areas perceived safer such as Lungalunga, on the border of Kenya and Tanzania. 15. On 16th February 2013, Muhoroni, there was confrontation in Awasi between supporters of Prof. Ayiecho Olweny (ODM) against James Onyango Oyoo (PDP party) following a visit by the prime minister. The differences stem from the flawed ODM nominations which Prof. Ayiecho Olweny won in controversial circumstances. 16. In Muhoroni area, there are reports that some people in the region were plotting violence by torching sugarcane farms so as to provoke retaliatory attacks which would then lead to large scale conflict. At about 7.30 pm on 19th February 2013 sugarcane belonging to the late Hon. Odongo Omamo was set ablaze. A local administrator confirmed that destruction of property belonging to people perceived to be of opposing political affiliations was rampant. He also confirmed that there was fear and that people had started fleeing the area, particularly the Kibigori, Kopere and West Songo area. HATE SPEECH, INCITEMENT TO VIOLENCE AND USE OF DEROGATORY LANGUAGE NAIROBI COUNTY 1. On February 17, 2013 an aspirant for the Mathare National Assembly seat, Mr. Anthony Oluoch, held a rally in Ngei 1 (Jah Post area) in Huruma Ward from 5.00 p.m. in the evening. In attendance were two County Assembly aspirants- Titus Omuka (Ngei Ward )and Geoffrey Okanda (Huruma Ward). Some supporters of Anthony Oluoch addressed the rally. The rally was characterized by incidences of Hate speech by the supporters of Oluoch and of main concern were utteraces by one Mama Biko Chairlady Mabatini ward who said: “Wajaluo wezangu kama kweli mlizaliwa kwenyu na baba yako alimaliza mila za kijaluo, sijui kama unaeza taka mkikuyu” (Audio Clip Attached between Minute five and seven) At the same rally the song, “Usilete nye nye nye, ukileta nye nye nyee, fimbo chapa, fimbooo chapaaaa” which seems to incite violence and hatred was played occasionally and every time the song was played the crowd would literaly go wild.

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