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Of particular contention is whether to implement the report’s recommendations for a special tribunal to try high-level organizers of post-election violence.

President Mwai Kibaki and Prime Minister Raila Odinga have consistently called for implementation of the report.

However, this was postponed because President Kibaki opened the IGAD summit taking place in Nairobi that day.

Kibaki and Odinga have planned a Cabinet retreat, at which the CIPEV report will be discussed.

To bring MPs along, Kibaki and Odinga will need to compromise; opponents of implementation will try to dilute the independence of the proposed special tribunal.

Agreement is likely to be found if only to avoid the prospect that the International Criminal Court asserts jurisdiction over Kenyans. (U) Since the Commission of Inquiry into Post-election Violence (CIPEV – also known as the Waki Commission) released its report on October 15, Kenyan politics has been dominated by discussion of the report’s conclusions and its political and legal implications.

Despite the challenges, Odinga told the Ambassador on October 27 that he is confident that the report will be implemented. and Annan on the need to carry out fundamental reforms and end impunity are playing a catalytic role to mobilize civil society, the private sector, and media. The report called for sweeping reform of the police services and the establishment of a special tribunal with strong international participation to try high-level organizers and financiers of post-election violence (ref a).

Kenya’s political leaders are divided on the degree and manner of implementation of the CIPEV report. (SBU) The Kenyan media has been frantically speculating about which high-level figures are among the ten suspects mentioned (but not named) in the CIPEV report.

Some high-level political figures who have been subject to speculation as possible indictees are: — William Ruto, Minister of Agriculture, Orange Democratic Movement (ODM) — Uhuru Kenyatta, Deputy PM, Minister of Trade Party of National Unity (PNU) — George Thuo, MP Juju, PNU Parliamentary Whip — Zakayo Kipkemoi Cheruiyot, MP Kuresoi (ODM) — Isaac Kiprono Ruto, MP Chepalungu (ODM) — Franklin Bett, MP Buret (ODM) — Cyrus Jirongo, MP Lugari (Kaddu – not affliated with either PNU or ODM) — Fred Kapondi, MP Mt. Mukurweini (PNU) — Simon Nyachae, ex-MP, FORD-K (PNU-affiliated) — Ruben Ndolo, ex-MP, ODM ¶6.

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