NAIROBI, Kenya, Nov 13 – Kalenjin elders have been allowed to be part of a case filed by two activists seeking the disclosure of the full list that Justice Philip Waki handed over to former UN chief Kofi Annan on the 2008 post election violence.
The elders were enjoined following a ruling delivered on Friday by Justice Isaac Lenaola, in the suit filed by David Matsanga and John Kimani, with International Criminal Court (ICC) Prosecutor Fatou Bensouda, Justice Waki and Attorney General Githu Muigai listed as respondents.
While delivering the ruling, Justice Lenaola noted that Matsanga’s petition “raises very weighty legal issues,” which may need to be considered by a three-judge bench. He therefore urged the parties to make their submissions on December 9, on the consideration to have three judges on the case.
Justice Waki had already filed a preliminary objection on Matsanga’s application, saying the commission that investigated the 2007/08 post election violence had ceased to exist. In their filing, Matsanga and Kimani argue that disclosing the names on the Waki ‘secret envelope’ is in the public interest.
“The continued withholding of part of the report produced by a commission of inquiry appointed under the Commissions of Inquiry Act Chapter 102 of the Laws of Kenya, has led to unnecessary speculation and namedropping about the likely persons contained in the secret list of 20 names contained in a report held by the respondents,” Matsanga explained.
He further alleged the continued speculation of the names in the secret envelope has also been used to set political scores among rival politicians in Kenya.
According to the Ugandan activist, if the names are made public, it will give relevant institutions a chance to implement recommendations regarding their alleged role in the violence.
“The disclosure of the contents and names contained in the sealed envelope is extremely necessary and important in implementing all the recommendations made by CIPEV and also to enable mandated State agencies take any additional and/ or extra action regarding the said report if at all,” he said.
In May 2012, a group of youths petitioned former President Mwai Kibaki to order for the list to be made public.
The National Council of Churches of Kenya (NCCK) also asked Annan who was the chief mediator during the national and reconciliation talks following the disputed 2007 elections to make the names in the envelope public.
However, former International Criminal Court (ICC) Prosecutor Moreno Ocampo said the names would remain secret.