In Summary
  • The arguments arose when former TJRC Chief Executive Officer Patricia Nyaundi stood in the dock for the third time as the first witness

A judge on Thursday allowed the Waki report to be part of evidence tabled by survivors who suffered sexual assault during the 2007 post-election violence.

Mr Justice Isaac Lenaola allowed the victims who presented the report amid protest by the Director of Public Prosecution and the Attorney General on its usability in the case.

The judge overruled the debate on whether the report should be allowed as part of evidence.

“Report has been produced and objections have been recorded,” he said.

The arguments arose when former Truth Justice and Reconciliation Commission Chief Executive Officer Patricia Nyaundi stood in the dock for the third time as the first witness, to proceed with her testimony and cross examination.

The lawyer for the victims, Ms Kethi Kilonzo, said that there was a list and boxes of confidential documents to be used in the case as part of evidence and that the Waki report was accessible to government officers.

However, the DPP argued that the Waki report was incomplete without annexures and also lengthy.

Ms Kilonzo said in court that the report had 200 annexures and that 13 witnesses would testify.

Ms Nyaundi, who is set to be cross-examined on the Waki report, had initially testified that since the government had been provided with the necessary information, it should have taken preventive measures.