The Star (Nairobi)

12 July 2014

Kenya: KNCHR Report to Be Used in Ruto ICC Case

ICC yesterday admitted the controversial Kenya National Commission on Human Rights 2007-08 post-election violence report in the case against Deputy President William Ruto.

Ruto's lawyer Karim Khan discredited the Waki commission report during his cross examination of witness Gavin Alistair McFadyen, a former commissioner at Waki.

Prosecutor Anton Steynberg introduced the KNCHR report as "one of the documents tabled at the Waki commission."

Steynberg said prosecution is not interested in any parts of the report which point to criminal responsibility of individuals nor will they rely on its findings.

Also admitted were transcripts of the original interviews conducted before preparing the report. Khan and Joshua Sang's lawyer Katwa Kigen did not object to the report being adopted.

"Certainly it's one of the reports, perhaps the final report," Khan said while Kigen said: "It's one of the reports."

McFadyen confirmed that Ruto's name was in the Waki envelope presented to former UN boss Kofi Annan for safe-keeping.

Khan said presenting the envelope to foreigners and denying Ruto an opportunity to defend himself contradicted the rules of procedure adopted by the commission.

McFadyen denied saying the rationale was to entrust it to a neutral party. Khan claimed the Waki report was politically contrived, hurried and infiltrated by conflicting agendas.

He claimed that in Eldoret, the commission interviewed 25 witnesses in three days translating into about 45 minutes per witness.

"Generally speaking you are right, we didn't spent for example more than half a day with a witness in Eldoret," McFadyen conceded.

McFadyen denied Khan's claims that Waki Commission's lead staff George Kegoro (secretary) and David Majanja (Assisting Counsel) were single recruited by former justice minister Martha Karua for some ulterior moves. He said he was not aware.

Khan also complained about the role of another staff member Susanne Mueller whom he said was recruited by Kegoro. He claimed though not a lawyer, Mueller was heavily involved in drafting about chapters of Waki report including chapter three on North Rift.

"I believe what you have said is an overstatement of her involvement in the commission," McFadyen said.

Khan claimed some NGO's and lawyers who appeared at the commission were fronts for political groups. Khan said Kigen whose application to represent ODM was rejected by the commission came back in disguise to represent "Rift Valley athletes."

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