Ruto’s case on poll violence moves to CJ

BY JUDY OGUTU

A case in which Higher Education Minister William Ruto is challenging a report linking him to post-election violence has been referred to Chief Justice Evan Gicheru for direction.

High Court Judge, Lady Justice Roselyn Wendoh, also said the matter should be fast-tracked because it was of great public interest.

She directed the file to be moved to the CJ after 24 days when both parties shall have filed submissions and skeleton arguments that would be used in the case.

Ruto has sued the Kenya National Commission on Human Rights (KNCHR) for linking him to post-election violence that rocked the country after the December 2007 General Election.

The minister moved to court through lawyer Katwa Kigen challenging the authenticity of the report, saying he was not given a chance to defend himself when KNCHR report was published.

Ruto says there is no evidence linking him to the violence, and that allegations against him "are a result of an illegality, irrationality, breach of the rule of law, and disregard of constitutionality and denial of legitimate expectations".

He further posits that the "conclusions drawn by the respondent in the report are arbitrary, oppressive, violate applicable laws, offend public policy, and were made in a situation where the respondent became the investigator, prosecutor and judge". He denies being involved in violence, stating he addressed public rallies where he appealed to Kenyans to maintain peace.

KNCHR findings, he adds have seriously dented his reputation, affected his liberty, career, and fundamental rights.

The Commission of Inquiry into Post-Election Violence chaired by Court of Appeal Judge, Justice Philip Waki, relied on the KNCHR’s report, among others, to draw a list of people allegedly behind the violence.

The violence that followed the disputed presidential election claimed about 1,300 lives.