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The commission's appeal to retired President Moi that he gives evidence was turned down. The report says the Waki team intended to meet the former president to discuss the post-election violence.
The desire of the commission to meet Mr Moi, the report says, was based on a number of grounds.
First, ethnic violence was first experienced in Kenya in 1992 during his watch shortly after he had repeatedly warned that multiparty democracy would lead to tribal fighting.
Subsequently major incidents of inter-ethnic violence in 1997 and 2002 also happened during Mr Moi's watch.
The commission, the report says, felt that Mr Moi was in a position to …