Nairobi — The events in Parliament last Wednesday when Imenti Central MP Gitobu Imanyara tabled the Special Tribunal Bill exposed the dishonesty of the President and Prime Minister in the war against impunity. Kenyans and most importantly the victims of post-election violence have stated what they want: the ICC and the special tribunal.

The government has had the opportunity to demonstrate the ability and willingness to enact credible domestic mechanisms of punishing the perpetrators of the post-election violence. But, instead, it has been attempting to shield criminals by systematically giving vague public statements.

Entrench impunity

The option of a special division of the High Court top deal with the criminals is unacceptable. It is a downright attempt to further entrench impunity. Lack of public confidence with the Kenyan judicial system was one of the triggers of the post-election violence and so far there has been no tangible reforms achieved in transforming this institution. Therefore, without reforms, this system cannot be trusted to prosecute violators of human rights and serious crimes.

Political elite

The establishment of a tribunal short of the one recommended by the Waki commission will be serving the interests of the political elite who do not want to see justice done. The International Criminal Court is an essential component of the justice and democratisation process considering that the rule of law and human rights form the foundation of sustainable peace.

Looking at the Kiambaa church trial and judgment, it is clear that the police do not have the capacity to conduct credible investigations and preserve evidence. This is backed by the existence of ample information implicating the police as suspects in the perpetration of sexual and other forms of violence.

Last resort

To victims of post-election violence, the ICC represents the court of the last resort in the aspiration to end impunity and it therefore should be left to conduct investigations and provide justice to the victims of the crimes.

The President and Prime Minister must marshal the prerequisite political will in Parliament to facilitate the enactment of the Constitutional Amendment Bill 2009 (Special Tribunal for Kenya). The ICC will only prosecute a handful of those bearing the greatest responsibility to the post-election violence crimes.

Kenya should fully commit to respect the principles established under the Rome Statute and support the work of the ICC, which represents the Court of last resort for the thousands of victims of grave human rights violations who cannot obtain justice at the national level.

Our leaders should consider the negative impact any decision to withdraw commitment, cooperation and support to the ICC would have on the fight against impunity.

It should also not deviate from the principles underpinning the court's work, namely that individuals responsible for war crimes, crimes against humanity and genocide -- including even the most senior government officials -- be brought to justice, and that the interests of victims be given priority through, among others holding criminally liable the perpetrators and awarding of compensation and reparations.

Parliamentadopted the Waki report with amendments or alterations. It has responsibility and duty to implement its own decisions.

Ndung'u Wainaina is the Executive Director, International Centre for Policy and Conflict