Deputy Prime Minister Uhuru Kenyatta, Postmaster-General Hussein Ali and Head of Civil Service Francis Muthaura were aware of the eviction, rape and forced circumcision of civilians in Naivasha, it was claimed on Thursday.
ICC prosecutors said that the suspects created a plan that allowed lawlessness, incited landlords to evict Luo tenants in Naivasha and Nakuru. (IN PICTURES: Kenya's blood and tears)
According to witnesses, the Kikuyus knew exactly where perceived ODM supporters — Luos, Luhyas and Kalenjins — lived.
“Evidence shows that Muthaura, Kenyatta and Ali acted in concert to forcibly transfer the civilian population in Nakuru and Naivasha.
“Kikuyus identified Luo houses since they had a list of door numbers.
“It was perpetrators’ common plan to evict Luos, Luhyas and Kalenjin,” said lawyer Olivia Struyven.
Her colleague Adesola Adeboyejo said rapes were committed in homes and in public.
She added that in undergoing rape and mutilation of sexual organs, the victims were violated and their dignity lowered.
“Invasion of victims’ bodies led to some women getting pregnant and others contracting HIV.
“Suspects armed a criminal gang to carry out their mission of revenge against the civilian population.
“Evidence shows substantial grounds to believe that rape and sexual violence as a crime against humanity occurred,” Ms Adeboyejo told the court.
The prosecution said that rape accounts were corroborated by several human rights reports.
She said one victim of sexual abuse watched as the attacker killed her husband before gang-raping her and infecting her with HIV.
She cited the director of Nairobi Women’s Hospital testimony to the Waki Commission. The director said the hospital recorded 900 rape cases, which were just “a tip of the iceberg”.
The lawyer said many cases of rape, especially those involving men, were not reported due to stigma.
“Sexual violence consisted of forced circumcision, forced nudity and penile amputation and were designed to destroy victims’ masculinity. Kikuyu militia were forcibly circumcising Luo men,” said Ms Adeboyejo.
She said doctors in Nakuru reported that some of the acts were not circumcision as some of the men had their private parts cut off.
“Kikuyu militia supported by Mungiki armed with new pangas (machetes) and petrol bombs rounded off Luo men and forcibly circumcised them. Those who resisted were beheaded,” she added.