, NAIROBI, Kenya, Dec 17- The High Court will in January decide whether a three-judge bench should hear a case in which Ugandan activist David Matsanga wants Justice Philip Waki compelled to make public, contents of the secret envelop that contained names of those responsible for Kenya’s 2007-8 post election violence.
Justice Isaac Lenaola issued the directive Thursday when the case came up for mention and further directions.
Matsanga wants the case heard by more than one judge on grounds that the petition raises weighty constitutional issues.
The Kalenjin Council of Elders has since been joined in the proceedings after they claimed that the Waki report paints the community as aggressors without being given a hearing.
The council of elders known as Myot wants to be given a chance to defend itself as 100 pages of the report largely dwell on the community.
In the application, Matsanga is contesting admission of the Waki report as evidence in the case against Deputy President William Ruto and radio journalist Joshua arap Sang at the ICC.
Justice Waki has since opposed the suit saying the report became the property of the President and is “accordingly an abuse of the process to demand the same from me.”
Justice Waki goes on to say that no orders can lawfully be issue against or be directed to its former commissioners since the Commission of inquiry into PEV is admittedly defunct.