Waki report breaks new ground, but will it be implemented?

• The document may gather dust at the national archives

To achieve this, more than 144.3 MPs have to vote in favour of the amendments. This means that if 77.7 MPs are absent or vote against, the amendments will not pass.

The 10 suspects are no ordinary Kenyans and, with due respect, Parliament has shown that it pays homage to the highest bidder. Getting 77.7 MPs to be absent or vote nay is small change.

In the event that the statutory and constitutional amendments are not effected within 60 days from October 17, Waki recommends that the sealed envelope be sent to The Hague.

And that is when the real drama begins.

Once indicted by the ICC, the suspects will be prisoners for as long as their cases last, and any further political or economic interest they have will be frozen, if not eternally destroyed.

Will any of them surrender peacefully?

Once in The Hague, the suspects will be entitled to, among other things, access to the evidence against them.

Thomas Lubanga is the most prominent militia leader from DR Congo to be arraigned in The Hague court, with grim and macabre charges such as rape and killing UN officials.

But his trial has stalled because the court has ordered that he be given the 200 pages of evidence, which the prosecutor is refusing to release. Because of this refusal, Lubanga may be acquitted.

In addition to the legislative and legal hurdles, political goodwill may be absent.

If the suspects are people high up in the ODM and PNU structures, will Prime Minister Raila Odinga and President Kibaki sacrifice their surrogates for the good of this country?

Kenya is a tribalised country, no matter what anybody may say, and the Waki report says categorically that negative ethnicity, including the ethnicisation of the presidency, is real.

So will the PM and the President risk the wrath of the suspects’ tribes by handing them over to the The Hague? The President wishes to leave a legacy and Mr Odinga Raila would like to replace him in 2012.

It is recommended that the court be set up by the two leaders.

In 1799, Napoleon Bonaparte, a diminutive Corsican, came to power in France through a coup d’etát and, five years later, declared himself emperor. He went on to create the largest and most successful modern empire stretching from Europe to Africa.