Nairobi — Chief justice Evan Gicheru has appointed a two judge bench to hear a case involving Deputy Prime Minister Uhuru Kenyatta.

The Finance minister is seeking to expunge his name from a report on post-election violence.

However, Mr Kenyatta will have to wait for three more months before his plea to remove his name from the report by Kenya National Commission on Human Rights can be heard.

Depending on how the case goes it will have serious implication on the Waki report on post election violence now that the inquiry by Appeal Court judge Philip Waki relied on the commission's report among other things to come up with list of those responsible for deaths which occurred during the chaos.

Suit papers

In his suit papers, Mr Kenyatta says he was never given an opportunity to give his side of the story to the commission before it compiled its report.

But the commission had said Mr Kenyatta and other politicians adversely mentioned in its report on post-election violence were given opportunity to state their side of the story but failed to do so.

The commission said on April 15, 2008, it wrote to all MPs to come forward and present their version of events but no one turned up. Mr Kenyatta doubts saying the letter the commission is talking about was addressed to deputy prime minister and minister for Trade and not to him as an individual.

He also says the letter doesn't even make any reference to any allegations received by the commission which were made against him.

Conclusive decisions

The commission had denied making any conclusive decisions in a report which named people who financed post-election violence in which at least 1,000 people were killed and 350,000 rendered homeless.

The report was presented by KNCHR's chairperson, Ms Florence Simbiri-Jaoko, to Mr Justice Waki who chaired an inquiry into the violence that erupted following a disputed presidential election. Mr Kenyatta is also seeking for further orders to have findings on him in the report quashed.

The Finance minister says the report alleges he organised the financing of a pro-Kikuyu fund in Central Province. He says that the commission made the report without hearing him, which was against the principles of natural justice.

His case will be heard on October 5.