Matsanga calls for expeditious conclusion of the PEV case

Lawyer William Arusei and Ugandan activist David Matsanga at the Milimani law courts on Thursday /PHILIP KAMAKYA
Lawyer William Arusei and Ugandan activist David Matsanga at the Milimani law courts on Thursday /PHILIP KAMAKYA

He has moved to the High Court in Nairobi seeking the opening of the secret Waki envelope. The envelope is said to contain the names of 200 prominent people

Ugandan activist David Matsanga wants the 2007-08 post-election violence case concluded expeditiously. He has moved to the High Court in Nairobi seeking the opening of the secret Waki envelope. Matsanga said he wants the case to be finished so that he can move to the ICC, in The Netherlands, to file another petition.

Among those named in the envelope were President Uhuru Kenyatta and Deputy President William Ruto as the greatest perpetrators of the 2007-08 post-election violence. Others are former Head of Civil Service Francis Muthaura, former Police Commissioner Hussein Ali, former minister Henry Kosgey and radio journalist Joshua Sang. The envelope is said to contain the names of 200 prominent personalities.

During the post-election violence, more than 1,333 people died and 650,000 were displaced.

Making the submissions before Justice Isaac Lenaola in Milimani, Nairobi, Matsanga said the chamber had branded him “a liar”. “There was nothing to rely on in the Ruto and Sang case, I had been dismissed by the court, but I want to go and clear my name,” he said.

Matsanga said he used to earn Sh33 million annually while working for Sky News as the African continent analyst, but was dismissed after the ICC tainted his name. “It has come out that the witnesses were bought out as I had said. The Sudan case of President Omar al-Bashir is worse. A lot of money changed hands,” he said.

But Lenaola stopped him from making further submissions, saying the issue does not concern the case at hand. “You can make such submissions while you are there,” the judge told him. The case was to be heard by a three-judge bench, including judge Joseph Onguto and Mumbi Ngugi. Lenaola said he will have to write to Chief Justice Willy Mutunga to constitute another bench since Ngugi was transferred to Kericho as a resident judge.

(+) he wants the

names revealed

In the suit, Matsanga wants the envelope containing the names of the other 200 people revealed. He and John Kimani said the non-disclosure of the names in the report may lead to unnecessary blame and accusations between supporters of people suspected to be in the list. They say it could also lead to violent attacks. The activists said for him to successfully proceed and prosecute his application at the ICC, he urgently needs part of the Waki Report.

, which he says is unlawfully, unreasonably and illegally held by Justice Philip Waki, ICC prosecutor Fatou Bensouda and the Attorney General.

say the names should be disclosed to allow the law to take its cause in determining their innocence or guilt.

Matsanga said for him to successfully proceed and prosecute his application at the ICC, he urgently needs part of the Waki Report, which he says is unlawfully, unreasonably and illegally held by Justice Philip Waki, ICC prosecutor Fatou Bensouda and the Attorney General.

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