, NAIROBI, Kenya, Feb 5 – A petition in which activist David Matsanga wants names in the Waki envelope made public has been referred to the Chief Justice to appoint a three-judge bench.
High Court judge Isaac Lenaola says the suit raises weighty constitutional issues and should be heard and determined by more than one judge.
In the application, Matsanga is challenging admission of the Waki report as evidence in the case against Deputy President William Ruto and radio journalist Joshua arap Sang at the International Criminal Court.
Justice Waki has since opposed the suit saying the report became the property of the Kenyan President.
He further stated that no orders can lawfully be issue against or be directed to commissioners of the Commission of inquiry into Post Election Violence since it is admittedly defunct.
Matsanga wants the suit to be heard by more than one judge on grounds that it raises weighty constitutional issues.
The Kalenjin Council of Elders has since been enjoined 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.