DP William Ruto turns heat on Waki Commission, accuses it of bias

Kenya: Deputy President William Ruto turned the heat on the Commission of Inquiry into the 2007/2008 Post Election Violence (PEV) accusing it of condemning him unheard.

Ruto further sought to discredit evidence adduced by witnesses before the commission headed by judge Philip Waki six years ago, saying it was biased and skewed to fit personal interests.

His lawyer Karim Khan made the assertions when he cross-examined a former member of the commission Mr Gavin McFadyen who concluded his evidence at the International Criminal Court (ICC) yesterday.

The lawyer questioned the witness at length on why the Waki Commission decided to hand a sealed envelope containing names of the alleged perpetrators of the PEV to foreigners, bypassing President Mwai Kibaki who had appointed it.

The witness said the commission decided to give the famous Waki envelope to mediator Kofi Annan, who headed the Panel of African Eminent persons, for safekeeping awaiting the formation of a special tribunal to try the perpetrators of the violence.

Khan: Did you give the envelope to the President of the Republic of Kenya who appointed you?

Witness: No

Khan: Why not?

Witness: The rationale is in the report itself.

Khan: Why were names of the adversely mentioned persons given to foreigners?

Witness: We felt one of the safeguard to assist the process would be to make the recommendation for the tribunal and the evidence could be secured in a neutral way and made available to the tribunal.

Khan: Do you have any legal basis for deciding to exclude the President who was your appointing authority and to give it to foreigners?

Witness: I don’t have legal background I can’t comment on that.

Ruto said even after approaching the commission to give his side of the story he was not given a hearing. He had being implicated in a report on the PEV prepared by the Kenya National Commission of Human Rights (KNHCR) produced before the commission and which was accepted by the ICC yesterday.

McFadyen a former New Zealand Assistant Police Commissioner admitted that the commission did not tell Ruto of the allegations made against him before the commission.

He confirmed that Ruto’s name was among those in the Waki.

“Was it fair to sit silent when he came before you, and not give him a chance before sneaking a sealed envelope within his name? Khan asked the witness. The prosecution however objected saying the witness had not made any adverse accusations against Ruto.

Prosecution Counsel Anton Stenberg further denied claims that the envelope was given by the commission to the ICC saying it was given to the Panel of African Eminent Persons.

It was forwarded to Chief Prosecutor Moreno Ocampo by the panel after Kenya failed to form the tribunal.

The Waki commission heard oral evidence on the chaos on the Rift Valley from 30 witnesses. The commission investigators had recorded statements from 24 witnesses but 17 of them did not testify before the commission. The other 23 came from other sources and were taken to the commission by lawyers representing various groups.

The commissioner said he was not aware that one of the investigators George Morara was an active member of the Kibaki re-election campaign team Vijana na Kibaki.