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THE TONY GACHOKA DOSSIER, RAILA ODINGA, POST-ELECTION VIOLENCE IN KENYA AND THE ICC IN THE HAGUE

Former Raila Odinga aide Tony Gachoka claims to have 3,00 page dossier linking the PM to post-election violence

Someone in Nairobi must be making good money out of selling whistles for it appears to be the whistle blowing season in Kenya. Hot on the heels of Miguna Miguna’s allegations come accusations by a Tony Gachoka, another former aide to Raila Odinga, allegedly implicating the Prime Minister in the 2007-08 post-election violence. Mr Gachoka wants the International Criminal Court (ICC) in The Hague to consider his ‘evidence’. But will they? Should they?

TONY GACHOKA – ‘MEDIA PERSONALITY’ AND ‘WHISTLEBLOWER’

Tony Gachoka described himself in a quarter-page advertisement in The Standard on Sunday as a ‘Kenyan Investigative Media Personality’ with ‘a proven track-record as a whistleblower’ and was apparently Prime Minister Odinga’s Chief of Protocol between 2008 and 2009 and before that, he says, ‘a political aide’ from 2005.

The advertisement was a copy of a letter Gachoka sent on August 1st to Ms Fatou Bensouda, Chief Prosecutor with the ICC and the woman in charge of handling the trials of Uhuru Kenyatta, William Ruto, Henry Kosgey and Francis Muthaura, now scheduled to begin in March 2013.

Gachoka claims his ‘crucial evidence’ is set out in a “comprehensive dossier of 11 documents of more than 3,000 pages” and ‘is extremely prejudicial to some of the most powerful and influential personalities in Kenya today’.

GACHOKA’S CLAIM: PEV ‘COMMISSIONED AND EXECUTED’ BY THE PM

“I have evidence to show that [post-election] violence was premeditated, coordinated, planned, commissioned and executed by order of the PM”, Gachoka told The Star in a telephone interview reported on Monday.

The press coverage of Gachoka’s startling claims was in itself somewhat odd. The Standard on Sunday that carried his advertisement gave the story only a small column of coverage on page 4 of the same issue (‘Another ex-Raila aide seeks ICC eye’). The Star did give it front page billing the next day (‘Gachoka tries to link Raila to chaos’) but The Daily Nation did not mention it at all.

Gachoka told The Star that prior to the 2007 election the ODM followed a policy of “42 against 1” and that the party’s leadership targeted the Kikuyu community but tried to cover up this policy by including Co-operative minister Joseph Nyagah as part of the ‘Pentagon’ group, the party’s main leadership body.

ICC Chief Prosecutor Fatou Bensouda

THE KNCHR REPORT GACHOKA’S TAPE RECORDING

Raila Odinga’s name had been included into a report on post-election violence, claims Gachoka but was subsequently edited out of the Kenya National Commission on Human Rights’ (KNCHR) report ‘On the Brink of the Precipice: A Human Rights Account of Kenya’s Post 2007 Election Violence’.

Gachoka also claims that he has a tape recording of KNCHR commissioner Hassan Omar Hassan discussing the report with Raila Odinga.

SOME QUESTIONS…

The Kenya Forum admittedly has doubts about anyone calling themselves a ‘Kenyan Investigative Media Personality’ however Tony Gachoka’s claims do raise some interesting questions that need answering.

First up, why now Mr Gachoka? Why over four years after the event have you now decided to reveal all? Gachoka says he has ‘agonized’ over the decision and had hoped that the ICC’s investigations would have revealed the truth without his intervention but now, despite his ‘great trepidation’, he has been ‘spurred by the desire to deliver justice to the victims of violence and help heal my homeland’. Mmmm….

KNCHR commissioner Hassan Omar Hassan – Gachoka claims to have tape recording of discussion with Raila Odinga

The KNCHR, and perhaps Hassan Omar Hassan in particular, need to confirm or deny whether their original report into post-election violence in any way cited Raila Odinga.

The question of whether the ICC will consider Tony Gachoka’s ‘evidence’ will in the meantime be decided on Thursday.

3,000 pages in 11 documents and a tape recording is potentially a lot of evidence but equally, potentially, much ado about nothing. It could just be a would-be ‘media personality’ trying to get publicity to raise his profile but it should be considered and reviewed says the Kenya Forum. Not to look at it, even if it is adjudged to be nonsense, will leave the ICC at risk of appearing to be running a political trial.

Related Kenya Forum posting: ‘The Internet, power and responsibility: The lessons to learn from Raila Odinga’s ‘official blog’, Oct. 2011


13 Responses to “THE TONY GACHOKA DOSSIER, RAILA ODINGA, POST-ELECTION VIOLENCE IN KENYA AND THE ICC IN THE HAGUE”

  1. Calvince says:

    I think it’s too premature to dismiss Tony,Miguna n others who may soon come out.I dont also see any problem in them speaking if truly they have crucial evidence,it doesn’t matter after how long it has been released.What really matters is that the truth comes out n that truth shall set Kenya free.At the face of it,there is no way Raila wasn’t involved in the PEV,even an amateur investigator could acknowledge that n it beats all investigative logic n principles to deliberately overlook facts.

  2. Musa (Via Facebook) says:

    too little too late

  3. Charles (Via Facebook) says:

    So it is true this animal wanted to wipe kikuyu?

  4. Nicholas (Via Facebook) says:

    @muritu I told u he is a devil n enemy.

  5. Suzzanna (Via Facebook) says:

    When you want to hit a dog you will always find a stick…it won’t work and pple are notorious to alter documents…if he knew this was the plan as he alleges why didn’t he blew the whistle immediately and leave..or claim his life is in dan
    ger since he is of the same ethnicity? It seems that there was a deliberate to pay someone to stay, likely to alter/forge/make cosmetic changes to documents to damage the credibility of others…justice shall prevail no matter what and God has seen …everything …Interestingly so many documents tabled as evidence even recently coming from a certain camp have been forged on so many occasions

  6. Charles (Via Facebook) says:

    If he did not make it that time then he should stop dreaming of ever stepping state house and we must combine effort to prevent onother IDI AMINI DADA in East and Central Africa.

  7. Charles (Via Facebook) says:

    If he did not make it that time then he should stop dreaming of ever stepping state house and we must combine effort to prevent another IDI AMINI DADA in East and Central Africa.

  8. Darlington (Via Facebook) says:

    A claim by one person….. don thnk..!

  9. francis gitau says:

    Let justice be down.in kenya we hardly know the truth

  10. emma says:

    the truth is always bitter, let Kenyan’s get informed early about the kind of leaders they ought to elect, i really appreciate the step taken by these patriotic citizens let also others rise and their issues should all be put into consideration no matter early or late it is but the truth must be established.

  11. Thomas says:

    Best place for Kibunjia to visit and act!!!

  12. I am a displaced person from Eldoret. The injustices I experienced personaly and my relatives and friends have always been very bitter praying for justice to come one day. We had big hopes of finding justice especialy after the KHRC realised a list of 100 persons alleged to be the main perpetrators of the war. The list was realistic because i contained local people that we were 100% sure they were guilty. to affirm this, there is a person named brown who killed my grandmother as we watched. We were pleased to see his name there and we could comfortably bounce saying “wataenda hague”(they will go to hague). but allas… tables overturned and the accuser became the accused. the list was redused to 6. atleast the presence of 3 of them was realistic but the presence of Uhuru Kenyatta was an insult to the injury in addition to absence of Raila Odinga who publicly called for mass action which turned violent. Ironicly, Mr Kenyatta had publicly told his supporters to remain calm, an action that if Raila followed suit, there couldnt be violence. MY MESSAGE TO THE ICC, ” GET TO THE GROUND, FIND THE TRUTH AND ALLAIGN THE REAL PERPETRATORS IN COURT. IF YOU GO ON WITH THE TRIALS AS THEY ARE, IGNORING THE LIKES OF GACHOKA WHO ADMITS THE KNHC REPORT, WHICH I HAVE A COPY, WAS EDITTED, YOU WILL BE CRIPPLING THIS COUNTRY.” It is very painful that 96% of all IDPS come from central kenya yet UHURU is being charged. this will remain a historic injustice and believe you me, it will spurr ethnic hatered. If today all genuin IDP`S are to go on a refurendum wetherUhuru should be tried, 96% will say no. so, the question is, JUSTICE FOR WHO? WHICH JUSTICE IS ICC LOOKING FOR? POLITICAL JUSTICE?

  13. John Otolo says:

    It’s true a majority of the IDPs were ethnic kikuyu. Also important to note is the fact that of the 1333 pple who died in pev, 700 wete ethnic luo. We also want justice

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