Kalenjin elders enjoined in Matsanga ICC case
The High Court has allowed the Kalenjin Council of Elders to be enjoined in a case where Ugandan activist David Matsanga is seeking to compel the Kenyan government to release the full list of 2007/2008 post election violence suspects that Justice Philip Waki handed over to the former United Nations Chief Kofi Annan.
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).
Matsanga says he is pushing the ICC not to admit the report against Deputy President William Ruto and Radio Journalist Joshua Arap Sang.
According to Matsanga, 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.
Justice Isaac Lenaola allowed the application and directed the case to be heard on December 9th.
The ICC has in the past allowed Matsanga to make observations in the cases involving President Uhuru Kenyatta and his deputy.
Matsanga appeared before the Hague-based court on July 5th, 2014 as a “friend of the court” or amicus curiae.
He said he was pushing for the case against President Kenyatta to be dropped because the prosecutor’s office had resorted to interrogating his financial records after key witnesses pulled out.
He said he would seek to show how the court had been misled by the Office of the Prosecutor on several occasions.
“The recent ruling on the financial statements of Mr. Uhuru Muigai Kenyatta is, in my respectful submission, one most deleterious to the court’s standing. Hence my application for amicus curiae status in this case,” read Matsanga’s court papers then.
According to Matsanga, ICC Prosecutor Fatou Bensouda lost the cases when she said witnesses OTP4, OTP11, and OTP12 gave false testimonies.
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