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Uhuru case on post poll chaos starts

By | March 19th 2010
By | March 19th 2010

By Judy Ogutu

Deputy Prime Minister and Finance Minister Uhuru Kenyatta has said the Kenya National Commission on Human Rights (KNCHR) has not provided any evidence on its findings against him in its post-election violence report.

Through his advocate Desterio Oyatsi, Uhuru said the commission "is completely unable in the present proceedings to provide any evidence to support or sustain its findings against the applicant."

The case kicked off on Thursday before High Court Judges Roselyn Wendoh and Abida Ali Aroni.

The minister wants the court to quash a report by KNCHR linking him to the 2007 post-election violence.

Last February, Uhuru went to court to have his name expunged from the report dubbed, On the Brink of Precipice: A Human Rights Account of Kenya’s Post-2007 Election Violence, saying he was denied a chance to defend himself before the commission made it.

On Thursday, he told the two-judge bench the commission failed to apply the law when it made the allegations against him.

The lawyer said: "If he had been given a chance, he would have given the facts to KNCHR. There would have been no material before the respondent that would have enabled it to make adverse findings."

Further, the Gatundu South MP accused the commission of failing to observe the rules of natural justice, which he said infringed on his fundamental rights.

Double standards

He accused the commission of being unreasonable and applying double standards in the investigations because it gave other affected parties the right and opportunity to be heard and denied him the same.

In response, KNCHR through its advocate Pheroz Nowrojee urged the court to dismiss the suit.

It argued the findings in the report were only allegations.

The human rights body, he said was under no duty to prove allegations against the minister since they did not make any decision against him. "The report is clear individuals were allegedly raising funds and organising gangs. There is no conclusion," he told the judges.

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