Kenya: A Ugandan has filed a case to compel the Government to release the full list that Justice Philip Waki handed over to former United Nations chief, Kofi Annan on the 2007-2008 post-election violence.
David Matsanga moved to court Tuesday under a certificate of urgency, claiming that the Government has withheld the report known also Phillip Waki report, adding that it is the core of his case in the International Criminal Court (ICC).
He said he was pushing the ICC not to admit the report in the case against Deputy President William Ruto and Journalist Joshua Sang.
"The first petitioner (Matsanga) filed an application at the ICC challenging the admission of the report by the commission of inquiry into post-election violence in the case of the prosecutor versus William Samoei Ruto and Joshua Sang. The petitioner urgently requires the report to successfully proceed with his application,'' reads Matsanga's court papers.
According to him, Court of Appeal Judge Phillip Waki, ICC prosecutor's office and the Attorney General Githu Muigai have failed to supply him with the information, which he claims is public.
"The petitioner will be highly prejudiced in his application at the ICC as the public documents being withheld secretly by the respondents ( Waki, Fatou Bensouda's office and Muigai) are crucial in his case,'' he said, adding that withholding the report has led to speculations and namedropping on the likely persons to be in the secret list of 20 names.
In the case before Justice Isaac Lenaola, Matsanga held that disclosure of the contents of the report will end blame game and will also assist state agencies to prosecute those suspected to have been behind the 2007-2008 post-election violence.
"The continued uneasiness being caused in the country due to the uncertainty of the true and proper identity of the persons contained in the secret list will escalate at any time with extremely adverse consequences to the general peace and stability of the country,'' the papers filed by Moseti, Odongo and Waithaka Company Advocates read.
Matsanga and John Kimani, the second petitioner in the case, claim that the application before the ICC will be heard next week, March 23.
Justice Lenaola ordered that he should serve all the parties and appear on March 19 for hearing of the application.
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