Jillo Kadida
9 July 2009
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.
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I think thats the right move now. the kenyan Government had been given enough time to decide on establishing a local tribunal. besides it the rate of corruption with our kenyan leaders is very high and establishing a local tribunal wont lead to justice being done. corruption will creap in as usual and and those reponsible for the death of many kenyans will still sneak out untouched. the kenya top politicians and their ministers are busy grabbing the country's wealth for themselves and care very little about the voice of the suffering "mwanainchi". what has the coalition government done so far? look at the increasing crime in the Nairobi city, look at the corrupt ministers who are associated with embezzlement, look at the starving kenyans, all this is coz of high corruption in our country. our politicians are making our country stink!! my advice to fellow kenyas, "stop being used by politicians like fools. when given sh100 to go and murder a group of people you just go. the politician benefits en u after shedding inocent blood you remain in your utter poverty. lean to use your literacy wisely". kenyas who dont support the hague then support corruption. let the guys be tried in the hague and let the public lean to have peaceful democracy like other nations in the world. we have driven our economy to the bottom with millions being spend repairing the damage of the post election violence. please kenyas act wisely, think wisely!!
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