NAIROBI, November 13 – A Cabinet sitting this morning side-stepped discussing the Waki report barely four months to the deadline of forming a tribunal to investigate those implicated in the post election violence.
Presidential Press Service Director Isaiya Kabira told Capital News that the issue was not on the agenda of Thursday’s meeting.
“The Waki Report was not discussed in the meeting and it was not in today’s (Thursday’s) agenda,” he said.
The Government has up to February 28 next year to form a tribunal to try the suspects but the proposals in the Waki report have elicited strong objection among the political class. It is also expected that the sharp divisions that have characterised debate will find their way to the Cabinet discussions.
The Waki report said: “If either an agreement for the establishment of the Special Tribunal is not signed, or the Statute for the Special Tribunal fails to be enacted, or the Special Tribunal fails to commence functioning as contemplated above, or having commenced operating its purposes are subverted, a list containing names of and relevant information on those suspected to bear the greatest responsibility for crimes falling within the jurisdiction of the proposed Special Tribunal shall be forwarded to the Special Prosecutor of the International Criminal Court.”
The Special Prosecutor shall be requested to analyse the seriousness of the information received with a view to proceeding with an investigation and prosecuting such suspected persons.
Earlier, German Ambassador Walter Lindner said he expected the Cabinet to discuss the implementation of the Waki recommendations.
He supported the formation of a local tribunal to try those implicated in the poll violence.
The envoy also urged the government to implement the Kriegler recommendations as well as the Agenda 4 issues of the National Dialogue and Reconciliation Committee.
Since Justice Philip Waki presented his report to President Kibaki last month, major political parties have rubbished the report terming it as one filled with ‘rumours.’
They have however in recent weeks shifted their stands.
On Monday Imenti Central MP Gitobu Imanyara said the report was discussed in South Africa during a Pan African Parliament meeting.
He said the current change of heart by major political parties on the Waki findings was a fear of going to The Hague and felt politicians preferred setting up a local tribunal which they aimed to manipulate.
The MP said even if a local tribunal was established, it would only collect further evidence which would be sent to the ICC.