IMLU – Preliminary Report – Military Operation in Mt. Elgon

PRELIMINARY REPORT OF MEDICO-LEGAL INVESTIGATION OF TORTURE BY THE MILLITARY AT MOUNT ELGON

“OPERATION OKOA MAISHA”

April 2008

An Investigative report by the

Independent Medico-Legal Unit (IMLU)

Released by:

International Commission of Jurists-Kenya Section

Child Legal Action Network

IMLU

Executive Summary

Since the January post election violence and subsequent mediation and resultant national accord by the political elites there continues massive appeals on reconciliation by the grand coalition government behind the scenes the government has and continues to engage in massive infringement of fundamental rights of historical proportions never witnessed before on the civilian population in Mount Elgon district and surrounding areas.

The much touted joint military operation that has been conducted under the secrecy veil since early march 2008 and has resulted in mass arrests and subsequent prosecution of over twelve hundred persons and most of the persons arraigned have raised complaints of torture and exhibited injuries that remain to be accounted for by the state, the government has on its part termed allegations of torture as propaganda and argued that no complaints have been lodged with relevant agencies. Government denial has three stages, starting with saying torture did not happen, continuing by saying that what happened was something else, and finally saying that what happened was justified for the protection of national security or some other purpose.

IMLU – Forensic investigations into post-election violence related deaths

Forensic investigations into post-election violence related deaths

Following the delayed and disputed release of the general elections results of 27th December 2007 there was wide speculation of rigging. This led to nationwide protests and an outbreak of violence seemingly driven by ethnicity and perceived political affiliation. This lawlessness provided an environment conducive to torture and gross human rights violations. The violence took the form of killings, rape, and arson acts, forceful evictions and internal displacement. It is estimated that over 1,000 people have been killed, over 400,000 internally displaced/ forcefully evicted, women and girls raped and property worth millions destroyed.

EHAHRD-Net — Call for fact-finding mission

Call for fact-finding mission

The East and Horn of Africa Human Rights Defenders Network (EHAHRD-Net) is deeply concerned by reports made by Network sources which reveal that several prominent Kenyan human rights defenders and journalists, in particular of Kikuyu origin but also defenders from Eldoret and members of a Muslim human rights organisation, have been intimidated, publicly harassed and subjected to a series of threats during the post-election violence that has spread in the country since December 2007.