Ugandan scholar David Matsanga and lawyer Waithaka Ngaruiya outside Milimani law courts building after filing a case seeking to compel ICC Prosecutor Fatou Bensuada,Attorney and Attorney General to publish and publicize the names in Waki secret envelope.
BY SAM ALFAN.
Political activists David Matsanga and John Kimani wants the high court to order Justice Phillip Waki, Office of the Prosecutor of ICC, and the Attorney General to ordered to publish and publicize, the entire full and proper report prepared by the commission of Inquiry into the Post-Election Violence (CIPEV) including the secret envelope containing the names of persons suspected to have borne the greatest responsibility for the postelection violence, which was submitted to Annan.
According to the court documents filed in court the petitioners David Matsanga and John Kimani argues that on 13 February Matsanga he filed an application at the ICC challenging the admission of the report by the commission of Inquiry into post-election Violence (CIPEV) as evidence in the case of the Prosecutor against William Samoei Ruto and Joshua Sang. The application has not been heard yet. In the application filed at the Milimani law courts, the two claim that they have to be availed with part of the report by CIPEV so as to prosecute the case pending before the ICC court.
They argue that the report are unlawfully, unreasonably, and illegally holding the report without any justification whatsoever.
According to the two, the disclosure of the contents and names contained in the sealed envelope is extremely necessary and important in implementing all the recommendations made by CIPEV and also to enable mandated state agencies take any additional or extra action regarding the said report if at all. The application before the ICC is scheduled for hearing on March 23 this year.
Although the Waki Commission did not publicly disclose the alleged perpetrators of the violence, the commission gave an envelope containing the names to Kofi Annan, who brokered a power-sharing agreement between Mr Kibaki and Mr Odinga.
In early 2009, Parliament rejected an amendment Bill for a special tribunal to try the suspects. Mr Annan then handed over the envelope in July 2009 to Luis Moreno-Ocampo, the then chief prosecutor at the ICC.
The ICC opened its investigations into the violence in March 2010.