Chairman of 2007/08 post election violence commission of inquiry Justice Phillip Waki yesterday told a Nairobi county to strike out a petition filed by Jubilee Alliance anti-ICC activist David Matsanga and another seeking to have the infamous Waki Envelope given to him to reveal the other names of Kenyans that had been marked for prosecution apart from the six whom the ICC caged.
“No person can compel the production of documents held by and required by the law to be submitted to the President,” Waki told High Court.Â The 529-page report was produced by the Waki Commission and presented to President Mwai Kibaki and Prime Minister Raila Odinga in October 2008.
Waki revealed the envelope was handed over to President Mwai Kibaki and the Panel of Imminent Africans as per the terms of the Commission of Inquiry into the Post Election Violence. He further revealed the report was as a result of the work of the commission which is now defunct and not a single individual.
The commission handed over the envelope containing 12 names to Kenya’s Chief Peace Negotiator Dr. Kofi Annan. After the government failed to convince MPs then allied to Uhuru and Ruto to form a local tribunal, Annan handed the document to the ICC then Chief Prosecutor Luis Moreno Ocampo.
Had the tribunal been formed, those implicated would have been charged by the tribunal and not the ICC. This was however frustrated by Uhuru and Ruto men with the famous ‘don’t be Vague, let’s go the Hague’ chorus.
Waki says Matsanga’s case is bad in law and should be struck out by the court. In the case, Matsanga wants Philip Waki, ICC prosecutor Fatou Bensouda and the Attorney General to provide him with the envelope.