Former Chief of Protocol at the Office of the Prime Minister Tony Gachoka has now turned to the Kenyan courts as he seeks to use evidence he claims to hold regarding the 2008 post election violence against Prime Minister Raila Odinga.
Gachoka says that he intends to institute private proceedings against Odinga at the High Court after he was denied a Visa to travel to The Hague-based International Criminal Court (ICC) to share the information.
"I will be charging the Prime Minister with the information and the evidence I have against him in his role in the violence. I will prosecute this case relying on the Bill of Rights for anchorage," Gachoka told journalists at a Nairobi hotel.
Gachoka showed documents from the Dutch embassy in Nairobi showing that his visa application was rejected after he failed to sufficiently justify his reasons for stay in the Netherlands.
The letter from the Dutch Embassy also says that his host -the ICC did not welcome his presence.
"Justification for the purpose and conditions of the intended stay was not provided. According to our information, your host does not welcome your presence. This raises serious doubts about the stated purpose of your journey and the circumstances of your stay as described in your visa application," said the letter from the Dutch Embassy.
Gachoka says his woes are instigated by powerful forces including western nations which have no interest in truth and justice.
"For reasons known to them, officials of the Netherlands in cahoots with those of the government of Kenya have continued to stop any information that being availed to the trial chamber that will question the veracity of the evidence before the court," he alleged saying that the credibility of the ICC was questionable.
The Dutch embassy in a statement has however stood by its decision stating that it only approves applications for visas if they meet all conditions.
The statement from the First Secretary Camilla Veerman, insisted that in the case of applicants who intend to visit the ICC there needs to be confirmation by the ICC that the applicant is indeed expected.
"The Netherlands as the host country to the ICC has an important role in facilitating the work of the court. One element in this role is issuing visas to people who visit the ICC at The Hague. The embassy approves applications for visas if they meet all criteria," read the statement.
Veerman reiterated that the decision on whether to meet with an applicant entirely lies with the ICC saying: "The Netherlands does not have any involvement in the decision."
Gachoka has also written to the cabinet sub committee on the ICC led by acting Internal Security Minister Yusuf Haji asking that the government facilitates his meeting with the ICC.