Court to rule on Matsangas request to make Waki report public

A three-judge bench led by justice Isaack Lenaola will on October 21, 2016 rule on whether  retired judge Phillip Waki will be compelled to disclose the Waki list of 2007 post-election violence.

The ruling was made on Thursday following a request by political activist David Matsanga seeking to compel the retired judge to release the report on the post-election violence saying that he had filed a case at The Hague-based court and needed the report to advance it.

However Justice Waki has opposed the application by Matsanga saying that no one can compel the production of documents held by the president adding that the petition by Matsanga is in bad faith and should be struck off.

The 529-page report was produced by the Waki Commission and presented to President Mwai Kibaki and Prime Minister Raila Odinga on October 15, 2008.

Justice Waki, the Office of the Prosecutor, the International Criminal Court and the Attorney-General have been named as respondents in the suit.

The list is said to contain over 20 names of people who played a part in the 2007 post election violence that resulted from a disputed election where both Mwai Kibaki and Raila Odinga claimed victories.

More than 1,000 people were killed, thousands injured and over 300,000 people displaced.

The violence ended after Kibaki, who was running for a second term, agreed to form a coalition government with Opposition leader Raila Odinga.

The new deal, brokered by former United Nations Secretary General Koffi Annan, would see Kibaki become the President and Raila the Prime Minister while Kalonzo Musyoka, who had come third in the elections, becoming the Vice President.

Despite the list being relatively long, only six individuals faced charges at the International Criminal Court (ICC) with the prosecution saying they bore the largest responsibility.

The individuals are President Uhuru Kenyatta, Deputy President William Ruto, former Commissioner of Police Hassan Ali, former Head of Public Service Francis Muthaura, former Radio journalist Joshua Sang and former Minister for Agriculture Henry Kosgei. The charges against all the six have since been dropped.

Additional Reporting by @benjaminwafula