13th August 2012
Hon Githu Muigai, EGH
The Attorney General
State Law Office
NAIROBI
CC
Cabinet Sub Committee on the ICC
Hon Samson Ongeri, EGH, MP
Hon Yusuf Haji, EGH, MP
Hon Eugene Wamalwa , MP
Hon Amason Kingi, EGH, MP
Hon James Orengo, EGH, MP
Hon Otieno Kajwang, EGH, MP
Dear Sir,
RE: INFORMATION REGARDING THE KENYA SITUATION
My name is Tony Gachoka. I am a Kenyan Investigative Media Personality of over 20 years
standing. I have worked for the Government of Kenya, and in particular 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, as evidenced in the copies of
appointment letters accompanying this letter to that that effect.
My duties included managing the diary of the Prime Minister for all local and international
meetings, national and international protocol, press, publicity and public relations. During
my time working for the Prime Minister I became privy to certain information relevant to the
ongoing International Criminal Court trials regarding the Kenya Situation (2007-2008). 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.
The Court has now set trial dates for the situation in Kenya cases and is in the process of
preparing for trial. I recently attended a Press conference called by Office of the Prosecutor
of the ICC 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.
Being a conscientious person, and spurred by this disclosure by the ICC with respect to
gathering of additional evidence in regard to the Kenya situation, I officially wrote to the
Information and Evidence Unit vide a letter dated 1st August 2012, in which letter I informed
the said office of my being in possession of crucial information with respect to the case and
the fears for my life and for the lives of my family given that the information I hold is
extremely prejudicial to some of the most powerful and influential personalities in Kenya
today.
The Office of Information and Evidence has since written back to me vide a letter dated 9th
August 2012 acknowledging my letter and requesting for an opportunity to have a more
comprehensive conversation with them.
Additionally I also applied for a visa under reference NLDNAI201202862, to enable me to
travel to the ICC offices in the Hague on 31st July 2012 seeking a meeting with the Office of
the Prosecutor to volunteer my possible involvement - by way of evidence giving – with
respect to matters that have grave and serious implications on the pending ICC Trials set for
hearing in April 2013. This application was supported by a diplomatic note sent under the
seal of the Government of Kenya from the Ministry of Foreign Affairs under the hand of the
Office of the Chief of Protocol introducing me as a Kenyan in good standing.
I have today 13th August 2012, received communication from the Netherlands Embassy here
in Nairobi of the denial of a visa to travel to the Netherlands. To my mind, this confirms my
earlier fears which I have made well known to the wider public, of high level interference
and manipulation of the ICC process relating to Kenya by various powerful international
actors and agencies who do not wish that the information I hold would be accessible to the
ICC and worse still to the general public.
I am well aware of the provisions of the Rome Statute and the various commitments made
by the Government of Kenya with respect to cooperation with the ICC on all matters relating
to the Kenya situation and the pending cases. It is in this respect that I write to you in the
hope that you can and will use your good offices to ensure that the Government of Kenya
will facilitate my meeting with the ICC to give evidence and information in my possession as
part of this cooperation process.
Meanwhile, I will continue to explore and pursue all national and international legal
remedies to ensure that justice is served for all victims of the post election violence and that
the true circumstances surrounding and persons most responsible for the Post-Election
Violence are held to account.
Thank You very much for your time and consideration.
Yours Faithfully;
Tony Gachoka
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