Kibaki and Raila to sign Waki deal
President Mwai Kibaki receives the Waki Report on post election violence from Justice Phillip Waki at Harambee House, Nairobi. looking on are Prime Minister Hon. Raila Odinga and members of the commission. PHOTO/ FILE
What you need to know:
- Agreement will pave way for formation of tribunal to try post poll violence suspects
The agreement to set up a tribunal to try suspects of post-election violence will be signed on Wednesday by President Kibaki and Prime minister Raila Odinga.
The Nation learnt that the agreement was in the office of Head of the Public Service and Secretary to the Cabinet Francis Muthaura.
The deal is supposed to be signed on Wednesday by midnight to ensure that the list of suspects in the secret Waki list is not forwarded to the International Criminal Court.
The Waki Commission proposed that a local tribunal must be in place within 60 days of the handing over of the report and list of suspects to chief mediator Kofi Annan or else the names be forwarded to the ICC.
The Waki commission presented the report and list to Mr Annan on October 17 and today is when the 60 days lapse.
The document commits the country to setting up a local tribunal to investigate and prosecute suspects in the secret Waki list.
The agreement was prepared by the eight-member Serena negotiating team under the chairmanship of deputy Prime Minister Musalia Mudavadi.
Sources said the document borrowed heavily from international law and is based on the Rome Statute which creates the ICC.
The statute places primary responsibility of trying suspects of crimes against humanity on home governments.
The team spoke strongly against a group of politicians who were against setting up of a special tribunal and said that Kenya should not be listed among states that had sent its citizens to The Hague after failing in its responsibility of prosecuting criminals at home.
In tandem
Sources said the Serena team blended Kenyan and international law so that they are in tandem and could not be challenged.
Other members of the team are ministers Martha Karua, Mutula Kilonzo, William Ruto, James Orengo, Moses Wetang’ula, Sam Ongeri and Sally Kosgei.
A copy of the document has also been sent to the Panel of Eminent Persons.
According to a timetable drafted by the Serena team, if the President signs the document on Wednesday, MPs will have until January 30, next year, to amend the Constitution by creating necessary laws to form the tribunal.
