Deputy President William Ruto and radio journalist Joshua Arap Sang cases at the ICC took a new twist as the Trial Chamber V(a) Â admitted the Waki Report.
The Waki Report, which is officially referred to as the Commission of Inquiry into Post-Election Violence Report was the initial document which prompted contained the famous ‘Waki envelope’ which at later stages became ‘Ocampo envelope’ and from which the names of six accused at the ICC were released to the ICC for prosecution.
The CIPEV Final Report was produced following its investigation into the facts and circumstances surrounding the 2007-2008 post-election violence in Kenya.
In respect of the Defenceâ€™s assertions, the Chamber finds that the document is relevant, particularly to the background of the case. The Chamber also notes that the document has been supported by the testimony of Witness 13, who referred to the methodology of the CIPEV in the elaboration of this report.Â The Chamber is of the view that the prima facie probative value outweighs any prejudicial effect, noting that the excerpts on which the Prosecution intends to rely do not refer to the alleged acts or conduct of the Accused. Accordingly, the Chamber admits KENOTP-0001-0364.
While the Court had agreed the adoption of the report for ‘background information’ only, the judges changed their minds after the testimony of witness 13, MrÂ Gavin Allistair McFayden, who was a commissioner with the Waki commission.
When he appeared before the commission last year, Gavin was the first witness to give a detailed account of the work of the Waki CommissionÂ Â which investigated the violence.
Gavin had said, believably, the government figure for the internally displaced was more than 200,000. He said this figure was given to the commission by Francis Kimemia, who at the time served as the Provincial Administration and Internal Security Permanent Secretary.
Gavin also revealed that Ruto’s name was contained in the Waki envelope. Ruto himself was given a chance to appear before the commission.
However, it is the testimony from the government officials who appeared before the Waki Commission that implicated Ruto. Some of those informations were given by Kimemia, Mutea Iringo, Michael Gichangi and Francis Muthaura.
Ruto’s lawyer Karim Khan has on several occasions insisted that Ruto was fixed by top government officials but up until now, many people do not know that he was ‘fixed’ initially at the Waki Commission, who then forwarded his name to Ocampo.