Uhuru files appeal in Kenya chaos case

Deputy Prime Minister Uhuru Kenyatta has moved to the highest court in the land as he seeks to expunge his name from a report linking him to the 2007-post-election violence.

In a notice filed in the Appellate Court Thursday, Mr Kenyatta says he was dissatisfied with the decision of Lady Justices Roselyn Wendo and Abida Ali-Aroni.

In the notice, Mr Kenyatta, who is also the Finance minister says he was unhappy with the Judges’ conclusion that public interest outweighs his rights.

Through lawyer Desterio Oyasti, Mr Kenyatta argues that the court was in agreement with him that the Kenya National Commission on Human Rights, which made the report, was not treated fairly.

Natural justice

He, however, wonders how the two Judges concluded that public interest outweighs his right yet KNCHR failed to observe the rules of natural justice.

In the ruling which was delivered on June 11, the two Judges rejected Mr Kenyatta’s application saying the matter was already in public domain.

"Sometimes private rights have to bow to public interest," said the Judges.

"Putting all facts together, this court is of the view that in the circumstances of this case, public interest far outweighs the right of the ex-parte applicant (Mr Kenyatta)," they said.

They added that considering their reasons, Mr Kenyatta's case must fail.

The deputy PM moved to court last year seeking to quash part of the report, which alleges that he played a role in the 2007-2008 post-election violence.

Other than seeking the cost of the suit, Mr Kenyatta also wanted the court to quash claims that he took part in the planning and organising of gangs to cause violence in Central province.

The allegations were contained in a report titled “On the brink of the precipice: A human rights account of Kenya's post-2007 election violence", which was prepared by the KNCHR.

It was handed by its chairperson, Ms Florence Simbiri-Jaoko, to among others, President Kibaki, Prime Minister Raila Odinga, the Attorney-General, the Police Commissioner, the Commission of Inquiry into the Post-Election Violence, and the International Criminal Court.

Mr Kenyatta says he was adversely mentioned in the report yet he was not given a chance to present his side of the story.