May 22, 2008: The Commission of Inquiry into the Post-Election Violence chaired by Appellate Judge Philip Waki Is formed

October 15, 2008: The Commission of Inquiry into the Post-Election Violence presents its report to President Kibaki.

October 17, 2008: Mr Justice Phillip Waki submits a sealed envelope bearing names of key suspects of the Post-Election Violence to former UN secretary-general Kofi Annan.

December 17, 2008: President Kibaki and Prime Minister Raila Odinga sign the agreement that would lead to the establishment of a special court to try post-election violence suspects. This was just before expiry of the deadline given by the Commission of Inquiry into the violence, for handing over the secret envelope to the International Criminal Court, but Parliament that must approve the necessary legislation to establish a special local tribunal, goes on recess.

January 20, 2009: Parliament re-opens from recess with the establishment of a legislative framework, to create a tribunal to try post-election violence suspects, as proposed by the Waki Commission, being top agenda.

January 27, 2009: The government’s legal advisor, Attorney-General Amos appeals to Members of Parliament to pass laws establishing the local tribunal to save the country from embarrassment.

January 31, 2009: Prime Minister Odinga says that the formation of a local tribunal was on course after related laws were published and presented to the floor of the House.

February 12, 2009: Parliament rejects the Constitution of Kenya (Amendment) Bill presented by Justice minister Martha Karua and backed by President Kibaki and Prime Minister Odinga for establishment of a local tribunal, with several MPs popularising the “Don’t be Vague, ask for Hague” slogan.

February 14, 2009: Mr Odinga says that only a local tribunal could effectively deal with the suspects of post-election violence. The PM dismisses those pushing for the trial of suspects at the International Criminal Court in The Hague and says they do not understand how it would work.

February 17, 2009: Prime Minister Odinga discloses that Mr Annan would hold on to the envelope containing names of the suspects a little longer to give the government time to sort out issues that led to the collapse of attempts to create a local tribunal.

February 20, 2009: Agriculture minister William Ruto says the secret envelope containing names of the post-election violence suspects should be handed over to the International Criminal Court at The Hague so that proper investigations can start.

February 24, 2009: Parliament adjourns despite the House having failed to establish a local tribunal, one of the reasons for its historical recall from recess.

June 14, 2009: Mr Odinga (below) warns that Parliament would have one last chance to pass a law establishing a local tribunal to try election violence suspects. “If Parliament does not pass the Bill for the formation of a local tribunal, then The Hague will be the option,” the PM says.

June 17, 2009: The Catholic Church calls for the formation of a local tribunal to try suspected architects of the post-poll violence.

June 21, 2009: Prime Minister Raila Odinga says Justice and Constitutional Affairs minister Mutula Kilonzo had been asked to expedite the Statute Bill on the local tribunal to try post-election violence architects and take it to Parliament.

July 1, 2009: Cabinet ministers Mutula Kilonzo, James Orengo and Attorney-General Amos Wako fly out on a mission to convince chief mediator Kofi Annan to give the government more time to form a local tribunal and push for a third option of setting up a special court in any neighbouring country where the post-election violence suspects would be tried. The ICC prosecutor gives the government until end of September to show proof it was prosecuting the prominent people behind the PEV.

July 9, 2009: Mr Annan hands over the sealed envelope and supporting materials entrusted to him by the Waki Commission to the International Criminal Court prosecutor, Mr Luis Moreno-Ocampo.

July 14, 2009: Cabinet fails to agree on Justice minister Mutula’s draft Bills- the Constitution of Kenya Amendment Bill and the Special Tribunal for Kenya Bill on local tribunal.

July 27, 2009: The European Union tells the government to quickly form a special tribunal to try post-poll violence suspects.

July 30, 2009: A divided Cabinet gives up on a local tribunal and decides to hand over those indicted by the International Criminal Court to The Hague and clean up the police force and the local courts.

August 20, 2009: The United Methodist Church of Kenya joins the push for a special tribunal to try post-election violence suspects.

September 30, 2009: The deadline ends for Kenya to provide clear indications of the establishment of a Special Tribunal to try the post-election violence suspects locally .It becomes clear that the government could not meet its commitment of establishing the tribunal. It followed that the International Criminal Court had to move in and start its own process.

October 5, 2009: “On the issue of the trial of perpetrators of the post-election violence, the Grand Coalition Government opted to accord priority to reconciliation while leaving the door open for suspects bearing the greatest responsibility over the post-election violence to be tried by the International Criminal Court,” President Kibaki and Prime minister Odinga say in a statement after a meeting with former Mr Kofi Annan in Nairobi.

November 5, 2009: International Criminal Court prosecutor Luis Moreno-Ocampo (above) holds a meeting with top Kenyan leaders, among them President Kibaki and Mr Odinga to secure a formal referral from the Kenya Government so that the ICC could officially initiate investigations and pursue prosecution for key planners of the Post-Election Violence. The two principals decline to make a government self-referral to the ICC and leave it to the prosecutor to use his other option– the pre-trial chamber

November 11, 2009: Parliament fails to debate the Constitution of Kenya (Amendment) Bill (No.3) tabled by Imenti Central MP Gitobu Imanyara seeking to establish a local tribunal due to lack of quorum.

November 18, 2009: MPs again skip debate on the Constitution of Kenya (Amendment) Bill by Imenti Central MP Gitobu Imanyara

November 26, 2009: Mr Moreno-Ocampo places before ICC’s pre-trial chamber the case for his intention to start the investigations on Kenya.

December 3, 2009: Chief mediator Kofi Annan (above) criticises Kenya’s failure to establish a local mechanism to try post-election violence suspects. National Assembly Speaker Kenneth Marende defends MPs over accusations of lack of seriousness in helping establish a local tribunal and blames the Executive.

March 31, 2010: The Pre-Trial Chamber grants the prosecutor’s request to start investigations on crimes against humanity allegedly committed in the Republic of Kenya
April 8, 2010: Investigators from The Hague arrive in the country to begin gathering evidence into the post-election chaos.

May 8, 2010: Mr Ocampo arrives in Nairobi to launch investigations into the post-poll violence.

December 15, 2010: Prosecutor Luis Moreno- Ocampo releases names of the six suspects at The Hague and announces his intention to charge them with murder, rape and forceful deportation of populations.

March 8, 2011: The Pre-Trial Chamber judges summon Mr Uhuru Kenyatta, Mr Francis Muthaura and Major Gen (Rtd) Ali to The Hague over the Post-Election Violence.

April 7, 2011: Mr William Ruto, Henry Kosgey and Joshua arap Sang, appear before the ICC judges.

April 8, 2011: Mr Kenyatta, Mr Muthaura and Mr Ali attend court in The Hague for initial appearance.

Compiled by Maria Wambua, Nation Media Group Library

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