Kenyans may know the contents of the Waki report in less than two months.
A three judge bench will rule on October 21 whether the report on the 2007-2008 post election violence will be made public.
In the suit, political crusader Dr David Matsanga wants the disclosure of the full list handed over to UN special envoy Kofi Anan on the 2007-2008 post-election violence.
Dr Matsanga says that the witnesses who testified in the concluded ICC cases against the Ocampo six had been compromised and he has enough evidence to prove so.
Kalenjin Council of Elders on the other hand claimed that the Waki report paints the community as aggressors without being given a fair hearing.
However retired Judge Philip Waki through the firm of Hamilton Harrison and Mathews advocates wants the petition struck out saying it lacks merit and cannot stand in law.
According to the retired Judge, he was only the chairperson of the commission and any report made was by the commission and not the chairman as an individual.
“Once the report by the commission was submitted to the President it become the property of the President and accordingly it is an abuse of the court process to demand the same from the first respondent, he said.
Justice Isaac Lenaola is the lead judge with others justice Joseph Onguto and judge George Odunga.
Justice Waki claims that Dr Matsanga and the Kalenjin council of elders have not stated what rights or fundamental freedoms they seek to protect.
Lawyer Waithaka Ngaruiya for Matsanga and William Arusei for Kalenjin council of elders told the court that the immunity of commissioners under section 14 was not absolute and that the objection was misconceived and urged court to throw it out.
The three judge bench will rule on the matter on October 21.