Deputy President William Ruto's name was in the Waki Commission's secret envelope, a former
Deputy President William Ruto's name was in the Waki Commission's secret envelope, a former member of that commission told judges at the ICC on Friday.
Mr Gavin Alistair McFadyen, however, denied that a report prepared by the Kenya National Commission on Human Rights was redrafted.
He was responding to questions from Mr Ruto’s lawyer, Karim Khan, at the International Criminal Court.
The Waki Commission that investigated the post-election violence is accused of denying Mr Ruto a chance to respond to accusations made against him.
According to Mr Khan, the Deputy President presented himself before the commissioners towards the end of its sittings in October 2008 but was not given an opportunity to defend himself.
NOT PRESENTED TO KIBAKI
“Why one earth would you deny Mr Ruto a chance yet you knew very well he had been mentioned and was among the people in the secret envelope?
“You violated your own procedure and rule of natural justice for failing to call him to respond,” Mr Khan said.
Mr McFadyen was also asked to tell the court why the secret envelope containing the names of eight suspected key perpetrators of the post-election violence had not been presented to President Mwai Kibaki, who had appointed the commission.
The former commissioner, who was brought to The Hague by the prosecution to testify, however, said the rules guiding the team did not provide for such.
A member of the commission, officially known as the Commission of Inquiry on Post Election Violence (Cipev), was also accused of redrafting the report of the commission weeks after it had been compiled.
RE-DRAFTED REPORT
The defence team told the ICC trial hearing that a prominent consultant contracted by Cipev re-wrote important sections of the report before it was published.
The consultant, Dr Suzanne Mueller, was hired by the commission two months after starting its investigations and was said to have “redrafted” five key parts of the Cipev report.
Mr Khan told the court that Dr Mueller redrafted the "Introduction," "Gender," "Sexual," "North Rift" and "Mass Media" sections when she joined the team in August 2008.
The commission had begun its sittings two months earlier.
Mr Khan revealed this while cross-examining Mr McFadyen, who was testifying before the court on Friday.
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