An international tribunal must soon be set up to prosecute Kenyans at the heart of the post-election violence that led to the murder of 1,133 people. A commission of inquiry into the 2007 bloodshed will hand a sealed list of names of suspects on Friday to former UN secretary-general Kofi Annan.

The Special Tribunal for Kenya will seek accountability against persons bearing the greatest responsibility for crimes against humanity. Among those to face justice will be 10 prominent politicians and businessmen. We want the tribunal, composed of Kenyan and international judges, to be self contained in terms of acquiring its own investigative staff, locally and internationally," Justice Philip Waki, head of a commission of inquiry says.

Secret list
According to deadlines included in the 500-page report of the Commission of Inquiry into Post-Election Violence, the tribunal should be set up within roughly four-and-a-half months. The commission said that if the tribunal is not established according to schedule, or if it fails to serve its intended purpose, it will forward the names of suspects to the International Criminal Court (ICC) in The Hague.

"The commission has in its possession the names of powerful individuals in politics, in government, in business, the police and elsewhere," said Judge Waki. The commission's list of top suspects, however, is sealed and will be handed to Kofi Annan who mediated talks to end the crisis in April. Annan will hold onto the envelope for safe keeping and pass it, still sealed, to the tribunal when it is set up.

The list is being kept secret because the commission's evidence forms a very firm basis for further investigations of alleged perpetrators, especially concerning those who bore the greatest responsibility. Waki says that "in the nature of things, the premature disclosure of such evidence, and those it relates to exposes it to possible sabotage or other adulteration before investigators have an opportunity to assess it."

Limited amnesty
Another recommendation in the report is that there should be no general amnesty, as has been sought particularly by members of Prime Minister Raila Odinga's Orange Democratic Party. However, the report suggests that it might be necessary to offer a limited amnesty to some minor offenders in exchange for truthful confessions and help in the arrest and prosecution of organisers of the violence, and of those who actually carried it out.

The report also calls for the merging of the police forces and wants them headed by a professional policeman or policewoman.

The Commission of Inquiry
The commission, set up in the wake of the violence earlier this year, concluded that much of the political violence between the election on December 27, and the end of February was motivated by ethnic grievances. Politicians on all sides organised and funded attacks on supporters of their opponents. The inquiry also found that security forces responded inappropriately, using excessive force against civilians, intervening to have allies released from custody and failing to investigate individuals responsible for the violence.

According to the commission, the violence killed 1,133 people and displaced 300,000 more. That is considerably more than the roughly 600 deaths described by Kenyan police, though fewer than some estimates by NGO's who have put the figure as high as 1,500. According to Waki, the violence following the disputed General Election was the worst ever and he called it "unprecedented" and "the most deadly and destructive violence ever experienced in Kenya."

Human Rights Watch (HRW) welcomed the report and said "now the politicians need to set up the special tribunal it recommends. Justice is crucial for Kenya's stability." Both President Kibaki and Prime Minister Raila Odinga promised that the Waki report's recommendations would be fully implemented.