VIOLENCE, INTIMIDATION AND INCITEMENT TO VIOLENCE 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 rally in , the Ford Kenya candidate for 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 , 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 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 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.

3 2. On 20th February 2013 the KNCHR monitored a TNA political rally in Phase 4, Dandora Phv Corps and Community Centre. Speakers included Mr. James Mwangi Gakuya (MP aspirant for Embakasi North), Mr. Ferdinand Waititu (Governor aspirant) among other TNA county rep aspirants from the area, Mr. Gakuya repeatedely condemned one aspirant by the name Mr Kahungi who ditched TNA to APK after losing in the primaries. He openly asked that; ‘Mkikutana naye (Kahungi) muambieni yeye ni adui ya nyumba ya Gikuyu, Yeye ni adui yetu” Similarly, the aspirant incited the audience against Jimnah Mbaru who was also discussed in the light of dividing Kikuyu votes. Mr. Gakuya went ahead to ask the crowd to be hostile to Jimnah’s campaigns in the area. Waititu who was the main guest and organizer for the rally entirely passed his message in Kikuyu language without regard to other communities present at the rally. 3. On 24th February 2013 at a Jubilee Rally in Karatina Stadium, statements were uttered by among other the Jubilee presidential candidate Uhuru Kenya referring to his opponent in CORD, as “kimundu” which is understood to be derogatory in Kikuyu. He also made statements which may incite people against his opponent:

“….ndamuthaitha na ngoro imwe mutikanguithie…..nimui munginguithia uria kimundu giki kinginjika….” (I plead with you not to fail me….you know if you fail me what this Kimundu (Raila) will do to me) “….ucio ni mundu wa haro kila saa, ndonaga wega wa mundu….”. (This person is always violent; he never appreciates anyone) UASIN GISHU 4. On 21st February 2013 at Tapsagoi ward, Turbo constituency, a police officer and a resident confirmed that a pastor by the name Mbugua has been allegedly inciting people especially against Luhyias and Luos. Pastor Mbugua is said to have been distributing leaflets and telling the two tribes to report to the polling stations very early on March 4th, vote for their preferred candidates and then leave the area because there will not be any calm. Some people had been heard saying that “last time it was Othaya and this time round, it would be Bondo.” KWALE 5. Hate speech from local politicians is targeting kenyans who are not from the coast region. In some areas, people moving out due to fear of reprisals. According to most politicians, the natives are Digo, Duruma and other smaller Mijikenda tribes. Even those from other tribes born in the area such as the Kambas, are being perceived as intruders. VOTER BRIBERY

1. On 16th February Tom Kajwang , the aspirant for ODM held a rally at Mathare polytechnic he gave his supporters Kshs 200 each. 2. On 16th February 2013 there were reports of voter bribery in Ukunda and Diani during the Jubilee rally in Kwale 3. On 13th February 2013, Mr. Evans Kidero, a Nairobi ODM governorship aspirant was in Upendo Church in Kabiro, Dagoretti North where he reportedly gave people Kshs. 100 each. There are further allegations that the aspirant was giving out monies to voters at his home in Kileleshwa 4. On 20th February 2013 during a TNA political rally in Dandora Phase 4, Mr. Ferdinand Waititu was seen openly dishing out money to those who attended the rally, particularly

4 women. Waititu personally distributed the cash in KShs. 200 denominations. UASIN GISHU 5. On 23rd February, Mr Moses Keter a candidate seeking the National Assembly seat for Soy constituency on an ODM ticket carried out his campaign in Ziwa ward, Machine centre. After the rally the residents were asked to split into groups of women, youths and the aged where money was given to be distributed amongst the group members.

MISUSE OF PUBLIC RESOURCES 1. On 18th February 2013 in Njoro constituency, an eye witness reported that a CDF cheque was issued at Juakali area in Mau Narok during a campaign rally held by the immediate MP of the area Joseph Kiuna (TNA). The cheque was issued at around 5.00 pm during the rally. The cheque was given to the PTA chairman of Mau Narok Secondary school Mr. James. In his speech as he gave out the cheque, he said that residents of Mau Narok have been complaining that he had not done anything for them when he was the MP. It is for this reason that he gave out the cheque worth Kshs. 360,000 to Mau Narok Secondary school. Following this incident, the PTA chairman was summoned at the Mau Narok police station to record a statement. 2. At a rally in Iten on 9th February 2013, one government vehicle Toyota x-trail Registration Number GK A444M GREY in colour was spotted with three people donning TNA outfits. 3. At an ODM rally in Mowlem in Embakasi, there was a vehicle with registration number GK A603R that came to the venue before the rally began and only left when the rally was over. The vehicle carried the public address system and the generator which was used in the rally. It was not able to establish who the occupants were but some people referred to the vehicle as ‘gari ya chancellor’.

5 4. At a CORD rally in Bomet county, government vehicles used by some unidentified government officials were spotted. There were several other vehicles in civilian registration numbers but suspected to be government vehicles (mainly because they did NOT have any insurance stickers). The vehicles were: 1. KBR 025K – Prado (with GK Reg on side mirrors) 2. KBH 604Q – Prado 3. KBP 667E – Prado 4. GKA 931N - Toyota Corolla 5. GK A320H - Toyota Corolla 6. GK A025U - Land rover 110 7. GK A603R - Nissan Pickup

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