Lucas Barasa
16 October 2008
Nairobi — Grand coalition partners ODM and PNU have to ratify a tribunal to try prominent people behind the post-election violence.
The inquiry is meant to help end the culture of impunity that has partly been blamed for the post-election violence.
According to the Waki Commission, the parties to the Agreement on National Accord and Reconciliation have to sign for the establishment of the Special Tribunal within 60 days after presentation of the report to the Panel of Eminent African Persons, or its representative.
The 60-day deadline starts on Friday when former UN chief Kofi Annan, who is representing the Panel, receives the Waki Report at Nairobi's Serena Hotel.
Special Tribunal
A Statute for the Special Tribunal will then be enacted into law and come into force within 45 days after the signing of the agreement.
It is President Kibaki in consultation with Prime Minister Raila Odinga, Chief Justice Evan Gicheru, Justice minister Martha Karua and Attorney-General Amos Wako who will set the date the tribunal will start its work within 30 days after the presidential assent to the Bill enacting the statute.
If either an agreement for the establishment of the tribunal is not signed, or the statute fails to be enacted, or the tribunal fails to start work, or its functions subverted after starting, the list of suspects behind the chaos will be forwarded to the International Criminal Court.
"The Special Prosecutor (of ICC) shall be requested to analyse the seriousness of the information received with a view to proceeding with an investigation and prosecuting such suspected persons," the report says.
To avoid bottlenecks, the Bill establishing the tribunal will be insulated against objections on constitutionality and anchored in the Constitution.
The tribunal will have six independent judges, three in the trial chamber and a similar number in the appeals one.
It will also have the prosecutor, the registry and the defence office. The presiding judge of each chamber will be a Kenyan, while the other two judges for each chamber will be non-Kenyans from Commonwealth countries.
In consultation
The President in consultation with the PM, will appoint the chair of the Trial Chamber -- qualified to be High Court judge -- on the advice of the CJ.
Two other members will be identified by Panel of Eminent Persons and appointed by the President in consultation with the Prime Minister.
The tribunal will be mandated to adjudicate over criminal cases brought against persons bearing greatest responsibility for serious crimes related to the poll violence.
Those convicted will enjoy right to appeal to the Appeals Chamber. The tribunal will recruit and control its own staff, and take custody of all investigative material.
The Waki team was clear that the tribunal sit as a court "and seek accountability against persons bearing the greatest responsibility for crimes relating to the 2007 General Elections."
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