In a news report by John Nalianya published on August 6, 2014, under the headline ‘Dolan wants ex-MP kicked out of task force’, The Star stated that Mr Nicholas Biwott had been ‘among those mentioned’ In the Akiwumi Report (1999) into tribal violence.
The perception created was that Mr Biwott was mentioned in the Akiwumi Report for further investigation as one of the parties involved in the tribal violence that framed the subject matter of the Report.
It has been brought to our attention that Mr Biwott’s name was ruled to be expunged or removed from the Akiwumi Report by High Court of Kenya and that the Commission’s recommendation in respect of Nicholas Biwott was found unlawful and deemed against justice by the Kenyan Courts.
The judgment by the High Court of Kenya (November 2002 Case No.1269), found that: “the recommendation made by the (Akiwumi) Commission to the effect that the applicant (Nicholas Biwott) be investigated for tribal clashes in Kericho District was wrong in law, was made in breach of the rules of natural justice and hence is a nullity.”
The judgment also found that ‘there was no evidence against’ Nicholas Biwott and that ‘this is supported by the (Akiwumi) Commission’s findings’.
Based on the above facts the High Court ruled and ordered that, ‘The Judicial Commission of Inquiry on tribal clashes in Kenya dated 31.7.1991 is ordered removed into this court and quashed as far is it recommends that the applicant be further investigated regarding his role in the tribal clashes that occurred in Kericho District’.
The Star apologises unreservedly to the High Court of Kenya for any implied contempt of the Court’s decision, and to Mr Nicholas Biwott for the misleading nature of the report and for any distress it may have caused him.