BY THOMAS KARIUKI.
Political crusader David Matsanga wants the court to urgently conclude a matter in which he wants ‘concealed’ content of the Waki envelope made public.
Appearing before Justice Isaac Lenaola, Matsanga urged the high court to speed up the case arguing that he wishes to file a judicial review before the International Criminal Court (ICC) that contains issues of bribing witnesses.
The activist says he is in possession of enough evidence to show that witnesses who were to testify at the ICC over the 2007-2008 post-election violence had been compromised.
“I have enough evidence to show that witnesses were bought with Sh 2000 each so that they can give false information at the ICC,” said Matsanga.
Justice Isaac Lenaola adjourned the matter because one of the judges hearing the matter was absent.
The judge said that since the bench was unable to sit, the hearing could not commence adding that he would seek audience with Chief Justice Dr Willy Mutunga to probe him to re-constitute the bench and add another Judge.
“The court will speed up the matter and try to deliver the judgement by August this year,” said judge Lenaola.
Activist Matsanga and John Muiruri want the court to order for the reopening of the Justice Phillip Waki-led commission report containing names of those alleged to have engineered the violence.
“Since Justice Mumbi Ngugi is not available today to hear the matter, Chief Justice Willy Mutunga should reconstitute another bench of three Judges,” said Lenaola.
“I will peruse the matter to the ICC once I get a copy of the Judgment” said Matsanga. The two campaigners wanted the matter to be heard by more than one judge on grounds that the petition raises weighty constitutional issues.
Recently, the Kalenjin Council of Elders joined the proceedings after they claimed that the Waki report paints the community as aggressors without being given a hearing.
The council of elders known as Myot wants to be given a chance to defend itself as 100 pages of the report largely incriminates the community.
“We were never given an opportunity to record our evidence and give our side of the story before the commission of inquiry into the post-election violence.” argue the elders.