Friday, March 9, 2012



A fresh move is underway to recall the Waki envelope and undermine its use as evidence in the International Criminal Court. Yesterday four Kenyans presented a petition to President Kibaki at State House to “call for and receive the full record” of the Waki commission and the envelope containing the names of 40 suspects believed to be most responsible for the violence after the flawed December 2007 election. The four were alleged to have attended a Mungiki meeting at State House on November 26, 2007 which was part of the evidence presented by ICC chief prosecutor Luis Ocampo against Deputy Prime Minister Uhuru Kenyatta and former public service boss Francis Muthaura.
 The group was led by Yvonne Khamati, Kenya's deputy head of mission to Somalia, and included former student leader Joseph Kioko, publisher Evans Gor and youth leader Patrick Ngatia. The petition was handed over to Kibaki's private secretary Prof Nick Wanjohi and acting public service boss Francis Kimemia at State House.  “We beseech you to call for and receive the full record of the proceedings taken during the CIPEV including the Commission’s report and the full contents of the envelope handed over to His Excellency Kofi Annan,” the petition said. The four also wants Kibaki to instruct Attorney General Githu Muigai to conduct a full review of the Waki commission and advise on whether their rights “were violated or continue to be violated by application of the report.”
Their petition drafted by lawyer Nderitu Mureithi argues that Waki contravened the Commissions of Inquiry Act by failing to give them a chance to exonerate themselves and for refusing to hand over the full report including the envelope to the president. “The significance of this petition, if granted, would be to receive and open up the Waki envelope. It would also pave way for us to sue both the source and recipient of the envelope, that is Justice Waki and his excellency Kofi Annan, and to stop ICC from relying on this kind of evidence,” Khamati later told the Star.
 The Waki report was delivered to President Kibaki on October 15, 2008. Waki passed a secret envelope with the names of individuals believed to bear greatest responsibility of the poll violence to Kofi Annan, the lead mediator of the Kenyan conflict. Annan later sent the envelope to the ICC after the coalition government failed to set up a local tribunal to probe the chaos as recommended by Waki. Khamati's group now claim that they only discovered that Ocampo relied on adverse evidence against them when the ICC confirmed charges against four Kenyans in January.
Confirming charges against Muthaura and Uhuru, the ICC pre-trial judges said there was considerable evidence that Mungiki attended a meeting with the suspects and President Kibaki.  “We have carefully studied all reports produced by various institutions relating to the PEV, and we verily believe that the source of the said evidence was the proceedings taken before the CIPEV,” the petitioners. They add that they believe their names were in the envelope and say they are “fearful” of the ongoing process at the ICC.

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  • MohanMathew
    Young men, you are crying to the wrong man! Kibaki has no powers whatsoever on that envelope now, neither do Waki and Annan. It has flown over the cuckoo's nest. If you are under the misconception that the president of Kenya can recall the envelope from the Hague, you are competing with other incurable fools for a place in the Guinness Book of Records for ultimate stupidity. Even the US president can't pull off this stunt! 
    For your information, Kibaki is himself dreading the moment the call from the Hague comes. At least, he knows, he qualifies as a witness for or against the O-4. Sure enough, he will opt to be a defense witness and that's when the trouble  for him may commence.
    Kibaki will commit perjury by denying he sat with you people, listened to your demands, and gave an indirect order to Muthaura in the form of a simple statement, more or less like -'you heard what the youth said, so now it's upon you'. Whether the assembled were the Mungiki or not, the demands were pertaining to their grievances about police action against them, being the most important. To support all these, the prosecution may present live witnesses, audio and video evidence. The noose is untie-able, my friends!
    This is not to place a bet that Kibaki will be summoned as a witness, or even if called he would oblige. He is likely to defy it because he knows the trap he will be in there. 
    I once heard some wag demanding Waki be charged with  treason, and Annan for handling state secrets! Well, one can try that course of action as a last resort. It's better than expecting Kibaki to employ the power he doesn't have. 
  • pmdawn
    What is "41 vs 1" MohanMathew?
    You mentioned it.
    You are dodging me now.
  • MohanMathew
    I may have, sometime, somewhere.
    It's attributed to Raila who is reported to have said so to indicate out of the 42 tribes, 41 are together in purpose. I'm sure he didn't mean taking up of arms by the 41 to behead the 1. Therefore it's not a criminal offence or a war cry or hate speech.
  • omutsanis
    Only in Kenya. Does the president need to recieve petitions, to do what is his duty?
    He really sat with a  funny set of smooth-talkers from jericho, to teell him that some things arent best kept secret?
    Where are the political advisors at statehoseu that we pay more than ksh1m per month to advise obako? the law state office, the DPP, the minister for constitutional affairs? etc, etc?
    He met the same shady groups in 2007, plus the arturs and other shady kenyans, and we ended up with PEV. He is at it again, just in time for 2012!
    But this time he is in overdrive-matsanga????????
  • silencer1
    The persons who really formed Kibaki tena tena can not be mungiki. Yvonne Khamati- Luhyia, Kioko and many others. I thought mungiki outfit was crafted up of kikuyus but in this case its funny. This story was first created by RAO when he realised that Kibaki was likely to defeat in the elections.
  • MohanMathew
    Concrete evidence will be laid bare in the ICC court room to ashame you lot, soon!
  • vladimirovich
    It was said once during the KANU days that the Mungiki had infiltrated everywhere, and earlier on in Narc administration, they threatened to spill the beans on even Cabinet Ministers who were bankrolling them, so how can you say because some of those who met Kibaki were Luhya (another dose of tribal froth from you) they couldn't have been with Mungiki in a meeting at State house? There is nowhere where it is said ONLY Kikuyus are Mungiki, in this context, even extortionists who went to State House to horse trade.  
  • MohanMathew
    The Mungiki are Kikuyu, no doubt. They were taken to the sanctum of power by intermediaries. We don't know how much of the pocket money given out there was given as commission.
  • NdombeOpetum
    The flailing of the drowning can be heart-rending, its obvious futility lost to those engaged in it although it does make perfect psychological sense even to onlookers. Risible and futile attempts to redirect the course of events in ICC matters will continue for a while even though they will not stop the inexorable express train from reaching its destination. It would make little difference were quod destined Ocampo quartet to rend their garments and wear sackcloth; it will not change the trajectory events but it would be a useful form of admission of guilt and repentance that might go down well with the Supreme Being up above. Down here on earth, a pound of flesh is demanded. The knives for the operation are ready to get the job done.
    (Edited by author 15 hours ago)
  • omutsanis
    Me needs one of those knives, in good faith!!!!!!!!
  • tausi
    Whether you like it or not, Uhuruto are going down!!! You don't kill ,rape, steal land and then blame otherss, they are the most culpable thugs based on facts!!!
  • MohanMathew
    Now they want to drag Kibaki to the muck with them. The poor things believe that way they may get a grace time at least till the next election.
  • vladimirovich
    They never got a chance to explain themselves before waki. How would Mungiki have done that, yet they are shadowy?
  • MohanMathewCollapse
    Nothing that comes solid in photos, videos, etc., is shadowy or  ethereal or amorphous.