Court wants case seeking unsealing of Waki Envelop heard by a bench

The High Court has referred a case by Ugandan activist David Matsanga seeking the release of names contained in the infamous Justice Philip Waki envelope of suspects behind the 2007 poll violence to the Chief Justice.

In his ruling, Justice Isaac Lenaola wants CJ Dr. Willy Mutunga to form a three-judge bench to hear the case that seeks to compel Waki to release the names of all suspects contained in his controversial secret envelope.

Justice Lenaola agreed with the Ugandan activist that his petition raises weighty constitutional matters and should be heard and determined by more than one judge.

Matsanga is contesting the admission of the Waki report as evidence in the case against Deputy President William Ruto and journalist Joshua Arap Sang at the International Criminal Court (ICC).

However, Waki has opposed the suit arguing the report became the President’s property and that no orders can legally be issued against former commissioners to the Commission of Inquiry into the Post Election Violence (CIPEV) as it no longer exists.

In November last year, the High Court allowed the Kalenjin Council of Elders to be enjoined in the case.

According to Matsanga, the government has withheld the report, also known as the Waki report, adding that this is the core of his case at the International Criminal Court (ICC).

According to Matsanga, retired Court of Appeal Judge Philip Waki, the ICC Prosecutor’s Office and Attorney General Githu Muigai have failed to supply him with the information, which he claims is public.

The ICC has in the past allowed Matsanga to make observations in the cases involving Ruto and Sang.

Matsanga appeared before the Hague-based court on July 5th, 2014 as a “friend of the court” or amicus curiae.

According to Matsanga, ICC Prosecutor Fatou Bensouda lost the cases when she said witnesses code-named OTP4, OTP11, and OTP12 gave false testimonies.