The Accused

William Samoei Ruto

Senior member of the Orange Democratic Movement (ODM), member of parliament from Eldoret (Rift Valley). The ICC Prosecutor alleges that Ruto is responsible as an indirect co-perpetrator (i.e. committing crimes through another person) for the crimes against humanity of murder, forcible transfer, and persecution. It is alleged that these crimes were committed against supporters of the Party of National Unity (PNU) as part of a plan to gain power in the Rift Valley province and to punish and drive out PNU supporters. According to the Prosecutor’s application, Ruto and Kosgey prepared this plan for up to a year before the elections took place; they mobilized the network they had created to execute the attacks as soon as the election results were announced.

Joshua Arap Sang

Current head of operations at Kass FM in Nairobi. At the time of the attacks, Sang was a radio host in Eldoret, Rift Valley Province. The ICC Prosecutor alleges that Sang contributed to the crimes against humanity of murder, forcible transfer and persecution, as he helped to coordinate the attacks planned by Ruto and Kosgey through coded messages in his radio broadcasts.

Francis Kirimi Muthaura

Senior member of the Party of National Unity (PNU), who held the positions of Head of the Public Service and Secretary to the Cabinet of the Republic of Kenya during the period of post-election violence. The ICC Prosecutor alleges that Muthaura is responsible as an indirect co-perpetrator (i.e. committing crimes through another person) for the crimes against humanity of murder, forcible transfer, rape, persecution, and other inhumane acts. The Prosecutor’s application submits that these crimes were committed as part of a plan to attack ODM supporters, to ensure that the PNU remained in power. This plan was allegedly devised in response to the ODM-led protests and planned attacks on PNU supporters. According to the Prosecutor, Muthaura collaborated with senior PNU member Kenyatta to mobilise the Kikuyu-led gang known as ‘Mungiki’ to attack perceived ODM supporters. He and the Kenyan police commissioner Ali also allegedly instructed police to target perceived ODM supporters and to crack down on their protests in Kisumu, Nyanza province, a stronghold of the ODM leader, and in Kibera, a Nairobi slum. The Prosecutor alleges that Muthaura and Ali told the police not to interfere with attacks carried out by Mungiki gang members and others in the Southern Rift Valley.

Uhuru Muigai Kenyatta

Senior member of the Party of National Unity (PNU), currently holding the position of Deputy Prime Minister, and son of Kenya’s first president Jomo Kenyatta. Kenyatta previously served as the Minister of Finance in the Republic of Kenya. The ICC Prosecutor alleges that Kenyatta is responsible as an indirect co-perpetrator (i.e. committing crimes through another person) for the crimes against humanity of murder, forcible transfer, rape, persecution and other inhumane acts. The Prosecutor’s application submits that these crimes were committed as part of a plan to attack ODM supporters, to ensure that the PNU remained in power. This plan was allegedly devised in response to the ODM-led protests and planned attacks on PNU supporters. According to the Prosecutor, Kenyatta collaborated with senior PNU member Muthaura to mobilize the Kikuyu-led gang known as ‘Mungiki’ to attack perceived ODM supporters.