Push for disclosure of Waki report on

Chief Justice Willy Mutunga has forwarded a summons requesting the International Criminal Court to respond to a suit by an activist seeking full disclosure of the Waki report on the 2008 post-election violence.

Dr Mutunga passed the letter to the Ministry of Foreign Affairs in The Netherlands, to serve the summons to the ICC prosecutor as ordered by the Kenyan High Court.

“The CJ requests that in the event it becomes hard to effect the summons on the said court, the government of Netherlands or its courts are requested to certify the summons and return it to the government of Kenya,” said Dr Mutunga.

Ugandan activist David Matsanga obtained orders allowing him to request the CJ to serve the ICC on his behalf.

Mr Matsanga sued the government, Justice Philip Waki and the ICC for keeping secret part of the Waki report, that implicated President Kenyatta, his deputy William Ruto and journalist Joshua Sang in the post-election violence.

Through lawyer Waithaka Ngaruiya, Mr Matsanga said he filed a case at the ICC challenging admissibility of the Waki report and its disclosure would help him argue his case.

“To prosecute his application at the ICC, Mr Matsanga requires part of the report of the commission of inquiry into 2008 post-election violence,” said Mr Waithaka.

He wants also wants the envelope that contained names of people suspected to have perpetrated the violence publicised and handed over to President Uhuru Kenyatta.

According to the activist, continued withholding of part of the Waki report has led to unnecessary speculation about the names of 20 people said to be in the secret document.