Kalenjin elders challenge Waki report
Elders from the Kalenjin community have urged the High Court to enjoin them in a case challenging the admissibility of the 2007/2008 post election violence report compiled by Justice Philip Waki, alleging that their views were never heard and their constitutional rights were violated.
Myot Welfare Association pleaded with Justice Isaac Lenaola on Friday to permit them to present evidence which will “go into the root of the spontaneous violence that rocked parts of the Rift Valley and other parts of the country”.
Justice Lenaola heard from lawyer William Arusei that “the Kalenjin community was not allowed to give its views yet it was adversely mentioned as perpetrators of the mayhem which left over 1,000 people dead and over 600,000 others pushed out of the expansive Rift Valley”.
Mr Arusei told the court the Waki report has “denigrated, belittled, defamed and prejudged the Kalenjin as a community individually or collectively and ascribes guilty to the past, present and future generations of the community”.
“The applicants would like to have their say in the matter and also have their day in court by being permitted to ventilate their side of the story,” Mr Arusei told Justice Lenaola adding: “One should not be condemned unheard since it is the cornerstone of the rule of law.”
The elders are asking the court to give orders that the the report should not be admitted as evidence at the ongoing trial of Deputy President William Ruto and radio journalist Joshua arap Sang
at the International Criminal Court at The Hague.
ICC Prosecutor Fatou Bensouda intends to use the report in the ongoing case to press for the conviction of the DP and the broadcaster.
Mr Arusei told the judge the Kalenjin Council of Elders want to be allowed to participate in the case filed by Ugandan activist David Nyekorach Matsanga and John Muiruri Kimani.
Mr Matsanga told the judge that he is not opposed to the request by the elders saying their input will strengthen his case.
The chairman of the elders, Major Rtd John Seii, says the the organisation has broad objectives pegged on the ideology to “promote peaceful co-existence with all neighbours”.
The judge directed the application by the elders seeking to be enjoined in Matsanga case be heard in September 16, 2015.
In the case, Mr Matsanga has named Justice Waki, the Office of the Prosecutor of the ICC and the Attorney-General as the defendants.
Mr Matsanga is asking the High Court to quash the Waki report, saying many interested parties’ views and input were not factored.
He says the report is unconstitutional and an affront to justice and the rule of law.