Factual Allegations

Along with Joshua Arap Sang and William Samoei Ruto, the ICC Office of the Prosecutor (OTP) alleges that Kosgey established a network in 2006 which he later used to commit crimes directed against supporters of the Party of National Unity (PNU). Kosgey, Chairman of the Orange Democratic Movement (ODM) during the 2007-2008 elections, allegedly attended ODM meetings where leaders planned the post-election violence.

Please visit the Court’s website for more information on The Prosecutor v. Ruto and Sang.

Charges

The Accused is alleged to have committed the crimes listed below as an individual, jointly with another or through another person, under Article 25(3)(a) of the Rome Statute.

Under this mode of criminal liability, the Accused is charged with the following atrocity crimes:

Murder (Crime against Humanity): Article 7(1)(a)

Forcible Transfer (Crime against Humanity): Article 7(1)(d)

Persecution (Crime against Humanity): Article 7(1)(h)

Factual Allegations

Along with Henry Kiprono Kosgey and William Samoei Ruto, the ICC Office of the Prosecutor (OTP) alleges that Sang established a network in 2006 which he later used to commit crimes directed against supporters of the Party of National Unity (PNU). Sang, a prominent Orange Democratic Movement (ODM) supporter, allegedly used his radio program to allow Ruto’s network to organize meetings, and broadcasted hateful messages furthering ethnic tensions and instructions during the post-election attacks.

After the Electoral Commission of Kenya declared on December 30, 2007 that incumbent PNU candidate Mwai Kibaki had won the presidential election, thousands of members of the network allegedly began to attack PNU supporters in Turbo, Huruma, Kimumu, Langas, Yamumbi, Kapsabet and Nandi Hills. They allegedly burnt down the houses of political opponents, killed civilians and forced them out of their homes. On January 1, 2008, at least 17 people died in an incident where network members allegedly burnt down a church in Kiambaa with more than 100 people inside. The attacks continued into the first week of January 2008.

Please visit the Court’s website for more information on The Prosecutor v. Ruto and Sang.

Charges

The Accused is alleged to have intentionally contributed to the commission or attempted commission of the crimes listed below by a group, with the aim of furthering the criminal activity or purpose of the perpetrators (Article 25(3)(d)(i) of the Rome Statute), and with knowledge of the perpetrators’ intention to commit these crimes (Article 25(1)(d)(ii)).

Under this mode of criminal liability, the Accused is charged with the following atrocity crimes:

Murder (Crime against Humanity): Article 7(1)(a)

Forcible Transfer (Crime against Humanity): Article 7(1)(d)

Persecution (Crime against Humanity): Article 7(1)(h)

Factual Allegations

Along with Henry Kiprono Kosgey and Joshua Arap Sang, the ICC Office of the Prosecutor (OTP) alleges that Ruto established a network in 2006 which he later used to commit crimes directed against supporters of the Party of National Unity (PNU). During the 2007 election, Ruto was allegedly perceived as an elder or leader in the Kalinjen community (which participated with the Orange Democratic Movement). The OTP alleges that he gave oral and written orders for others to carry out killings and forced displacements of perceived PNU supporters in several towns.

After the Electoral Commission of Kenya declared on 30 December 2007 that incumbent PNU candidate Mwai Kibaki had won the presidential election, thousands of members of the network allegedly began to attack PNU supporters in Turbo, Huruma, Kimumu, Langas, Yamumbi, Kapsabet and Nandi Hills. They allegedly burnt down the houses of political opponents, killed civilians and forced them out of their homes. On January 1, 2008, at least 17 people died in an incident where network members allegedly burnt down a church in Kiambaa with more than 100 people inside. The attacks continued into the first week of January 2008.

Please visit the Court’s website for more information on The Prosecutor v. Barasa.

Charges

The Accused is alleged to have committed the crimes listed below as an individual, jointly with another or through another person under Article 25(3)(a) of the Rome Statute.

Under this mode of criminal liability, the Accused is charged with the following atrocity crimes:

Murder (Crime against Humanity): Article 7(1)(a)

Forcible Transfer (Crime against Humanity): Article 7(1)(d)

Persecution (Crime against Humanity): Article 7(1)(h)