Tony Gachoka Letter to the ICC Procecutor on Information Regarding the Kenya ICC Trials

RE: INFORMATION REGARDING THE KENYA ICC TRIALS

My name is Tony Gachoka. 

I am a Kenyan Investigative Media Personality of over 20 years standing. 

Between the years 2008-2009 I was the Chief of Protocol in the Office of the Prime Minister of the Republic of Kenya, the Rt. Honourable Eng. Raila Amollo Odinga, having been a political aide of his since 2005.

My duties included running the diary of the Prime Minister for all local and international meetings as well as sitting in on those meetings. 

During my time working for the Prime Minister certain information relevant to the ongoing International Criminal Court trials regarding the Kenya Situation (2007-2008) came into my knowledge. 

This information, which I can support with documentary evidence in my possession, touches on some of the evidence adduced before the Court and which has been relied on by the office of the Chief Prosecutor.
 

For some time I have agonized as to whether I should come forward and reveal what I know regarding the Post-Election Violence that rocked my Country during those tumultuous months of December 2007 to February 2008. 

I am afraid for my life and for the lives of my family as the information I hold is extremely prejudicial to some of the most powerful and influential personalities in Kenya today.

Initially I thought that the Prosecutor’s investigations would unearth the true circumstances surrounding and underpinning the Post-Election Violence, and that these investigations would unmask the major players behind the Violence without me having to reveal the information I hold. However this has proved not to be the case. 

Now, with great trepidation but spurred by the desire to deliver justice to the victims and help heal my homeland, I am willing to step forward and disclose all that I know. I have a proven track-record as a whistleblower. 

In 1998, I exposed the multi-billion dollar ‘Goldenberg’ corruption scandal through a series of media articles. My revelations struck a raw nerve with the political class and I was forced into exile in February of 1998.

On my return to Kenya from exile in London, I was charged with Criminal Libel by the Attorney General on behalf of the Kenya Court of Appeal, despite the fact that no such law exists in the Kenyan statute books. 

I was convicted and jailed incommunicado for 74 days before being released after a campaign of sustained pressure by civil society and the international community. It was an unprecedented step as my conviction was handed out by a 7-Judge bench of the said Court of Appeal; it was the first time in Kenya’s history for such a bench to sit.

I am well aware of the provisions of the Rome Statute regarding perjury and pursuant to that I wish to state unequivocally that all that I have said and will say regarding the Kenya Situation is the untainted truth. I would very much appreciate a meeting with the Office of the Prosecutor to volunteer my possible involvement - by way of evidence - in shedding more light on some matters that have grave and serious implications on the pending ICC Trials set for hearing in April 2013.

I attended the Press conference by ICC Office of the Prosecutor at Serena Hotel Nairobi on Thursday July 26 2012 at  2:30 P.M where Mr. Phakiso Mochochoko, Head of the Jurisdiction, Complementarities and Cooperation Division and Ms Shamiso Mbizvo, Associate International Cooperation Adviser were in attendance and stated that the OTP is continuing to gather relevant evidence in regard to the Kenya Situation.

It is my hope that I will be able to meet you and trust you will afford me an opportunity to submit the crucial evidence in my possession. 

In furtherance of which I applied for a visa to visit OTP at the Hague from the Embassy of the Netherlands, Nairobi. 

The application is dated 31 July 2012 and under reference NLDNAI201202862 is under consideration and I await visa confirmation and at the same time I request that OTP grants me audience and assistance to obtain the said travel permit as soon as is practically possible.

Thank You very much for your time and consideration.

Tony Gachoka, 

Nairobi, Kenya