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Senator claims likelihood that Uhuru Kenyatta, William Ruto were not in Waki envelope

By Michael Wesonga | February 11th 2014
President Uhuru Kenyatta (left) and his deputy William Ruto. The two are facing charges of crimes against humanity at the ICC (Photo:PSCU)

By Michael Wesonga

Kenya: Nandi Senator Stephen Sang has said Jubilee will use parliamentary procedures and process to reveal the contents of the Waki envelope for possible prosecution by the Director of Public Prosecutions.

Senator sang said they will push for prosecution of the persons mentioned in the Philip Waki envelope at the Special International Crimes High Court Division upon its establishment.

The legislator disclosed that they will also seek to establish how the former prosecutor Luis Moreno Ocampo narrowed down to the six names.

The lawyer added that their action was necessitated by the premise of the possibility that neither Uhuru nor Ruto were mentioned in the letter given that the entire process was politically motivated to manipulate Kenyans to certain premeditated outcomes.

“But I am excited that Kenyans were alive to this and were not misguided. It is very easy to know the culprits behind the orchestrations given the remarks by certain diplomats that were cautioning Kenyans that choices had consequences months to the elections,” offered Sang.


Sang was optimistic that the cases will crumble within the first half of 2014 given that the defense would pick up the revelation as part of their evidence.

“They have confirmed the reason why we passed motions withdrawing from the Rome Statute because we had carefully analysed that their operations were politically motivated thus withholding justice.”

He affirmed that the recent revelation did not just confirm their fears but was also testimony to the fact that the case’s major driving force was to block Uhuru, Ruto presidency based on drummed up charges and vendetta.

However, senate majority leader Kithure Kindiki differs fundamentally with the approach picked by his colleagues because it can only act to further balkanize and frustrate the reconciliatory efforts realised so far realized.

“I think the discussion should be currently centered around how we can bring closure to what happened in 2007/8 but not through criticism, settling political scores but through judicial redress, accountability and social restoration process,” he stated

Kindiki observes that this would have been best realised through a credible truth justice and reconciliation process but regrets that the Truth Justice and Reconciliation Commission’s Process was squandered by political intrigues.

“It is devastating to know that Ocampo created a lot of false hope for the 2007/8 pose election violence victims, which is so sad. It is now clear that he will not deliver justice even to the victims, a situation that takes us back to the drawing board,” he moaned.

He raised concern that a court of such stature would stoop so low and act under pressure from third parties and conduct proceeding based on extraneous factors other than justice.

“Some of us who were part of the defense had raised these concerns at the very early stages of the case that it was based on rumors and secondary information while largely relying on third parties like NGOs that luck investigatory powers.

They had also complained that the case was politicised but wondered how all the six Kenyans dragged in the very expensive process and whose names were tarnished would be compensated.

“Under the national legal system there is suing for malicious prosecution. I doubt the ICC has such,” he questioned.

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