A commission that investigated the post-election violence gave a secret list to Mr Kofi Annan instead of President Kibaki to beat impunity.
Justice Philip Waki, who chaired the commission, was put to task over the controversial decision on Monday as the Judicial Service Commission (JSC) began interviews for Supreme Court judges in Nairobi.
Attorney General Amos Wako the Presidents chief legal adviser asked Justice Waki why his team decided not to include everything in the report handed to the Head of State, especially the famous envelope.
The commission did not want to be like some previous commissions, whose reports were never acted on by the Executive, hence we had to devise an approach to deal with impunity, Justice Waki said.
We also knew our country. We knew what could happen. So, this was a deliberate choice, he said.
The judge was the chairman of the defunct Commission of Inquiry into the Post-Election Violence, whose report has formed the basis of the current constitutional, electoral and judicial reforms initiated to ensure that the violence does not occur again.
On Monday, he argued that the commission was a result of an international intervention in the Kenyan crisis, so it also was answerable to the African Union through the Panel of Eminent Persons chaired by Mr Annan.
Justice Philip Waki, who chaired the commission, was put to task over the controversial decision on Monday as the Judicial Service Commission (JSC) began interviews for Supreme Court judges in Nairobi.
Attorney General Amos Wako the Presidents chief legal adviser asked Justice Waki why his team decided not to include everything in the report handed to the Head of State, especially the famous envelope.
The commission did not want to be like some previous commissions, whose reports were never acted on by the Executive, hence we had to devise an approach to deal with impunity, Justice Waki said.
We also knew our country. We knew what could happen. So, this was a deliberate choice, he said.
The judge was the chairman of the defunct Commission of Inquiry into the Post-Election Violence, whose report has formed the basis of the current constitutional, electoral and judicial reforms initiated to ensure that the violence does not occur again.
On Monday, he argued that the commission was a result of an international intervention in the Kenyan crisis, so it also was answerable to the African Union through the Panel of Eminent Persons chaired by Mr Annan.
