Civil Society Draft Bill for the Special Tribunal for Kenya

Transcription

1 Civil Society Draft Bill for the Special Tribunal for Kenya A Bill of Parliament anchored in the Constitution of the Republic of Kenya to establish the Special Tribunal for Kenya pursuant to the Kenya National Dialogue and Reconciliation Process with specific regard to providing measures to bring to an end the impunity for the planners, instigators and other persons responsible and bring to justice those responsible for acts of commission and or omission that caused, provoked and or orchestrated the violence experienced in Kenya after the December 2007 General Elections; to ensure that such violations are effectively redressed and will not recur in future; and for other purposes connected thereto. CONTENTS Preamble Section 1: Establishment of the Special Tribunal for Kenya Section 2: Obligations of the Government of Kenya Section 3: Jurisdiction of the Special Tribunal for Kenya Section 4: Crimes under the Jurisdiction of the Special Tribunal for Kenya Section 5: Jurisdiction for Serious Human Rights Violations including Violations of International Humanitarian Law Section 6: Personal Jurisdiction Section 7: Individual Criminal Responsibility Section 8: Territorial and Temporal Jurisdiction Section 9: Concurrent Jurisdiction Section 10: Non bis in idem Section 11: Organs of the Special Tribunal for Kenya Section 12: Trial & Appeals Chambers Section 13: Appointment and Qualification of Judges Section 14: The Office of Prosecutor Section 15: The Registry & Defence Office

2 Section 16: Independence of the Special Tribunal for Kenya Section 17: Rules of Procedure and Evidence Section 18: Investigation and Preparation of Indictments Section 19: Review of Indictments Section 20: Commencement and conduct of trial proceedings Section 21: Rights of the Accused Section 22: Protection of victims and witnesses Section 23: Judgment Section 24: Penalties Section 25: Appellate Proceedings Section 26: Review Proceedings Section 27: Sentences Section 28: Pardon or commutation of sentences Section 29: Duty of Cooperation with the Special Tribunal Section 30: Immunity for the Special Tribunal and its Officials Section 31: Expenses of the Special Tribunal for Kenya Section 32: Language of the Special Tribunal Section 33: Annual Report of the Special Tribunal Section 34: Commencement Date Section 35: Seat of the Special Tribunal for Kenya PREAMBLE Informed by the outcome of the Kenya National Dialogue and Reconciliation Process under the Panel of Eminent African Personalities to mediate the dispute arising after Kenya s Elections in December 2007;

3 Taking note of the report of the Commission of Inquiry into Post Election Violence and also the reports of various Kenyan and international organizations that investigated the post election violence experienced in Kenya after the December 2007 Elections; Concerned by the fact that these reports indicate that serious crimes, crimes against humanity, systematic, widespread and flagrant violations of human rights and violations against international humanitarian law were committed in Kenya in the post election period; Noting that Kenya has signed and ratified the Rome Treaty establishing the International Criminal Court thus expressing its intention not to be haven for perpetrators of crimes under the Rome Statute and to fight such impunity by trying those who commit crimes under the International Criminal Court s Jurisdiction; Determined to put to an end the crimes documented by CIPEV, governmental, intergovernmental, international and Kenyan organizations and to take effective measures to bring to justice the persons who are responsible for them, Convinced that in the particular circumstances of Kenya, the prosecution of persons responsible for the documented acts of commission and omission would enable this aim to be achieved and would contribute to the process of national reconciliation and deter the recurrence of similar incidents in future; Section 1: Establishment of the Special Tribunal for Kenya 1. The Special Tribunal for Kenya is hereby established and anchored in the constitution for the purpose of investigation and prosecution of persons bearing the greatest responsibility for serious crimes particularly crimes against humanity, serious human rights violations and other violations of international humanitarian law committed in Kenya after the December 2007 Elections. 2. The Special Tribunal for Kenya shall exist for the sole purpose of prosecuting persons responsible for serious human rights violations and other serious violations of international humanitarian law committed in Kenya in the post election period or connected thereto. 3. The Special Tribunal for Kenya is established in furtherance of the agreements reached under the Kenya National Dialogue and Reconciliation Process to be responsible for the investigations, follow up enquiry and prosecution of Persons responsible for the violence and other serious human rights violations Committed in the post election period and shall function in accordance with the provisions of the present Statute and applicable international law particularly the provisions of any Statute giving effect to the Rome Statute of the International Criminal Court in Kenya; barring the availability of such legislation domestically, the Special Tribunal shall apply the Rome Statute with any necessary modifications.

4 Section 2: Obligations on the Government of Kenya The Government of the Republic of Kenya shall cooperate fully with the Special Tribunal and its organs which are hereby insulated from objections of constitutionality. The Government shall further keep the Panel of Eminent Personalities informed of all measures taken to implement the provisions of the Statute. Section 3: Jurisdiction of the Special Tribunal for Kenya The Special Tribunal for Kenya shall take custody of all investigative material and witness statements and testimony collected and recorded by the Commission of Inquiry into Post Election violence and other investigations by any national or international organizations. It shall further have the power to investigate and prosecute persons bearing the greatest responsibility for serious crimes, crimes against humanity, serious human rights violations including violations of international humanitarian law related to the 2007 post election violence committed in Kenya in accordance with the provisions of the present Statute. Section 4: Crimes under the jurisdiction of the Special Tribunal for Kenya The Special Tribunal for Kenya shall have the power to prosecute persons responsible for any of the following crimes either related to the 2007 post election violence or if the following acts are committed as part of a widespread or systematic attack directed against civilian population with knowledge of the attack: a) Murder b) Extermination (mass murder) c) Enslavement d) Deportation or forcible transfer of population e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law f) Torture g) Rape h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious gender or other grounds that are universally recognized as impermissible under international law i) Enforced disappearance of Persons j) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body to mental or physical health For purposes of this Statute; Attack directed against any civilian population means a course of conduct involving the multiple commission of the above acts against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;

5 Extermination includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population; Deportation or forcible transfer of population means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law; Torture means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions; Persecution means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity; Enforced disappearance of persons means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time. Section 5: Jurisdiction for Serious Human Rights Violations including Violations of International Humanitarian Law The Special Tribunal for Kenya shall have the power to prosecute persons committing or ordering to be committed serious human rights violations including violations of Article 3 common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims, and of Additional Protocol II thereto of 8 June These violations shall include, but shall not be limited to: a) Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment; b) Collective punishments; c) Taking of hostages; d) Acts of terrorism; e) Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault; f) Pillage; g) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples; h) Threats to commit any of the foregoing acts.

6 Section 6: Personal jurisdiction The Special Tribunal for Kenya shall have jurisdiction over natural persons pursuant to the provisions of the present Statute. Section 7: Individual Criminal Responsibility 1. A person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in sections 4 and 5 of the present Statute, shall be individually responsible for the crime. Similarly, a person shall be individually responsible if he or she assisted or otherwise facilitated the commission of a crime including providing the means for commission 2. The official position of any accused person, whether as Head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsibility nor mitigate punishment. 3. The fact that any of the acts referred to in sections 4 and 5 of the present Statute was committed by a subordinate does not relieve his or her superior of criminal responsibility if he or she knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof. 4. The fact that an accused person acted pursuant to an order of Government or of a superior shall not relieve him or her of criminal responsibility, but may be considered in mitigation of punishment if the Special Tribunal for Kenya determines that justice so requires. 5. A person shall be individually responsible and liable for punishment if he or she commits a crime described in section 4 and 5 whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible. 6. A person shall be individually responsible with regard to crimes in section 4 & 5 where such person solicited or induced the commission of a crime which in fact occurred or was attempted. 7. A person who in any way whatsoever contributed to the commission or attempted commission of a crime by a group of persons acting with a common purpose shall be individually responsible. Such contribution is made either with the aim of furthering the criminal purpose of the group or is made in the knowledge of the intention of the group to commit the crime. 8. A person shall be individually liable for direct and public incitement of others to commit the crimes in section 4 & 5 of the Statute 9. Attempts to commit any crime in section 4 & 5 by taking action that commenced their execution by means of a substantial step but the crime did not occur because of circumstances independent of the person s intentions shall be punishable. 10. Security officials exercising effective command or control over an area are accountable for the conduct of all the units in question notwithstanding the chain of command. If such superiors failed to obtain further information on what the

7 units were doing or if they did not actively seek to know what was happening, then failure to obtain such further information makes them vicariously liable for the offences committed by their subordinates. 11. Security officers, who failed to effectively control their forces or where these forces broke the law, are liable for the violations. For the avoidance of doubt, Commanding Officers who failed to actively seek information of what their officers were doing or who consciously disregarded information indicating that the law was being broken and where due to negligence and /or recklessness serious crimes were as a result committed by those under their command, are individually responsible for these acts. 12. Where security officials issued orders involving criminal acts that resulted in the crimes described in section 4 & 5, then the superior officers who issued the orders are solely criminally liable. 13. If civilian officials with jurisdiction in administration matters issued orders involving criminal acts and where such crimes as described in section 4& 5 were committed by persons under their command, the officials are responsible for the criminal acts committed by subordinates. Section 8: Territorial and temporal jurisdiction The territorial jurisdiction of the Special Tribunal for Kenya shall include all of Kenya s land surface and airspace as well as the territory of any State in respect of acts of Kenyan citizens living abroad aiding, abetting or otherwise undertaking acts in support, in furtherance or connected to serious human rights violations and other serious criminal acts committed in Kenya and related to the post election period. The Special Tribunal shall be granted a period of 24 months to complete all trials and appeals as the case maybe. Section 9: Concurrent jurisdiction 1. The Special Tribunal for Kenya shall have concurrent jurisdiction to prosecute persons for serious human rights violations including violations of international humanitarian law committed in Kenya and/ or in furtherance of the situation of Kenya s post election period and more particularly the violence related to the post election period. 2. The Special Tribunal for Kenya shall have primacy over the High Court or any subordinate Court trying offences related to the post election violence and at any stage of such proceedings, may formally request the High Court or subordinate court as the case maybe to defer to the Special Tribunal s competence in accordance with the present Statute. Section 10: Non bis in idem 1. No person shall be tried before the High Court or a subordinate Court for acts constituting serious human rights violations and violations of international

8 humanitarian law related to the post election period under the present Statute, for which he or she has already been tried by the Special Tribunal for Kenya. 2. A person who has been tried before the High Court or a subordinate court for acts constituting serious human rights violations and violations of international humanitarian law may be subsequently tried by the Special Tribunal for Kenya only if: a) The act for which he or she was tried was characterized as an ordinary crime; or, b) The High Court or subordinate court proceedings were not impartial or independent, were designed to shield the accused from due process of law for international criminal responsibility, or the case was not diligently prosecuted. 3. In considering the penalty to be imposed on a person convicted of a crime under the present Statute, the Special Tribunal for Kenya shall take into account the extent to which any penalty imposed by the High Court or a subordinate court on the same person for the same act has already been served. Section 11: Organs of the Special Tribunal for Kenya The Special Tribunal for Kenya shall consist of the following organs: a) The Chambers, comprising a Trial Chamber and an Appeals Chamber; b) The Office of Prosecutor c) The Registry d) The Defence Office Section 12: Trial & Appeals Chambers The Chambers shall be composed of six independent judges, four of whom must be non- Kenyan and drawn from member states of the Commonwealth; and shall serve as follows: a) Three judges shall serve in the Trial Chamber the presiding Judge of which must be a Kenyan b) Three judges shall serve in the Appeals Chamber the presiding Judge of which must be a Kenyan. Section 13: Appointment and qualification of Judges 1. The President shall appoint the presiding Judges of the Trial and Appeals Chambers in consultation with the Prime Minister upon the advice of the Judicial Service Commission and the Law Society of Kenya from among persons qualified to be appointed Judge of the High Court of Kenya. The judges shall be persons of high moral character, impartiality and integrity who possess the requisite

9 qualifications and experience in criminal law, international law, including international humanitarian law and human rights law. 2. The Panel of Eminent African Personalities shall identify the four non-kenyan members to serve respectively in the Trial and Appeals Chamber for appointment by the President in consultation with the Prime Minister. The Judges shall be persons of high moral character, impartiality and integrity and who possess the requisite experience and qualifications in criminal law, international law including international humanitarian law, human rights law and Military Law or have served with distinction as judges in their countries of origin or are otherwise qualified to serve as judges of a superior court of record in any part of the Commonwealth. 3. Judges of the Special Tribunal for Kenya shall elect a Chairperson from among themselves and the Chair shall be the Spokesperson of the Special Tribunal Section 14: The Office of Prosecutor 1. The Prosecutor of the Special Tribunal shall be appointed by the President in consultation with the Prime Minister from a list provided by the Panel of African Personalities. The Prosecutor shall be selected from among persons of high moral character, impartiality, integrity and with a proven track record of investigating, prosecuting and / or such other relevant experience and qualifications with regard to handling serious human rights violations, serious and complex crimes and violations of international Humanitarian Law from any part of the commonwealth 2. The Prosecutor shall be responsible for the investigation and prosecution of persons bearing the greatest responsibility for serious crimes including crimes against humanity, serious human rights violations and violations of International Humanitarian Law related to the 2007 post election violence. 3. The Prosecutor shall act independently as a separate organ of the Special Tribunal for Kenya. He or she shall not seek or receive instructions from any person, the Government or from any other source. 4. The Prosecutor shall appoint the Head of Investigations upon the recommendation of the Panel of Eminent Persons. The head of investigations and not less than 3 other members of the investigations unit shall be non-kenyans of high moral character and integrity and who have a proven track record of undertaking investigative work regarding serious crimes, crimes against humanity, serious human rights violations and violations of international humanitarian law from within the commonwealth. 5. The Investigations Team shall report to work and work under the general direction, supervision and control of the Prosecutor 6. No member of the Kenya Police shall be recruited or seconded to any of the operations of the Special Tribunal Section 15: The Registry & Defence Office 1. The Registry shall be responsible for the administration and servicing of the Special Tribunal for Kenya.

10 2. The Registry shall consist of a Registrar and such other staff as may be required. 3. The Registrar shall be appointed by the Panel of Eminent African Personalities from persons with the requisite administrative and proven management experience at senior level running complex institutions. The terms and conditions of service of the Registrar shall be set by the Special Tribunal. 4. The Staff of the Registry shall be appointed by the Special Tribunal on the recommendation of the Registrar. 5. There is established the Defence Office which shall be responsible for representation of accused persons who are able to prove they are indigent. Not more than 20 names of lawyers to be assigned to the Defence Office shall be drawn from a list of lawyers of the highest integrity and impartiality and with the necessary qualifications and experience in international criminal law and who are licensed to practice law within the commonwealth. This list shall be compiled by the Law Society of Kenya and approved by the Panel of Eminent Persons and an accused person who is able to prove his or her indigent status may select from this list not more than 2 lawyers to represent him or her. Section 16: Independence of the Special Tribunal for Kenya 1. In carrying out its mandate, the Special Tribunal shall have full autonomy and shall not be subject to the control or direction of any authority. 2. The Special Tribunal shall have the authority to recruit and control its own staff including such staff working under the Prosecutor and Registrar. Such staff shall be recruited competitively by the Special Tribunal on recommendation of the Prosecutor and Registrar respectively Section 17: Rules of procedure and evidence The judges of the Special Tribunal for Kenya shall adopt, for the purpose of proceedings before it, the rules of procedure and evidence for the conduct of the proceedings, trials and appeals, the admission of evidence, the protection of victims and witnesses and other appropriate matters as they deem necessary. Section 18: Investigation and preparation of indictments 1. The Prosecutor shall initiate investigations ex-officio or on the basis of information obtained from any source, and shall not be limited to the Report of the Commission of Inquiry into Post Election Violence (CIPEV), Government reports, United Nations organs reports, reports of intergovernmental and nongovernmental organizations. The Prosecutor shall assess the information received or obtained and decide whether there is sufficient basis to proceed. 2. The Prosecutor shall have the power to question suspects, victims and witnesses, to collect evidence and to conduct on-site investigations. In carrying out these tasks, the Prosecutor may, as appropriate, seek the assistance of any authority.

11 3. If questioned, the suspect shall be entitled to be assisted by counsel of his or her own choice, including the right to have legal assistance assigned to the suspect without payment by him or her in any such case if he or she does not have sufficient means to pay for it, as well as necessary translation into and from a language he or she speaks and understands. 4. Upon a determination that a prima facie case exists, the Prosecutor shall prepare an indictment containing a concise statement of the facts and the crime or crimes with which the accused is charged under the Statute. The indictment shall be transmitted to any judge of the Trial Chamber. Section 19: Review of Indictments 1. The judge of the Trial Chamber to whom the indictment has been transmitted shall review it. If satisfied that a prima facie case has been established by the Prosecutor, he or she shall confirm the indictment. If not so satisfied, he or she shall return the indictment with the requisite instructions in writing either for further information, investigations or such other directions as are appropriate. 2. Upon confirmation of an indictment, the judge may, at the request of the Prosecutor, issue such orders and warrants for the arrest, detention, surrender or transfer of persons and any other orders as may be required for the conduct of the trial. Section 20: Commencement and conduct of trial proceedings 1. The Trial Chamber shall ensure that a trial is fair and expeditious and that proceedings are conducted in accordance with the rules of procedure and evidence, with full respect for the rights of the accused with due regard for the protection of victims and witnesses. 2. A person against whom an indictment has been confirmed shall, pursuant to an order or an arrest warrant of the Special Tribunal for Kenya be taken into custody, immediately informed of the charges against him or her and transferred to the custody of the Special Tribunal for Kenya. 3. The Trial Chamber shall read the indictment, satisfy itself that the rights of the accused are respected, confirm that the accused understands the indictment, and instruct the accused to enter a plea. The Trial Chamber shall then set the date for trial. 4. The hearings shall be public unless the Trial Chamber decides to close the proceedings in accordance with its rules of procedure and evidence. Section 21: Rights of the Accused 1. All persons shall be equal before the Special Tribunal for Kenya. 2. In the determination of charges against him or her, the accused shall be entitled to a fair and public hearing, subject to Section 20 of the Statute. 3. The accused shall be presumed innocent until proven guilty according to the provisions of the present Statute.

12 4. In the determination of any charge against the accused pursuant to the present Statute, the accused shall be entitled to the following minimum guarantees, in full equality: a) To be informed promptly and in detail in a language which he or she understands of the nature and cause of the charge against him or her; b) To have adequate time and facilities for the preparation of his or her defence and to communicate with counsel of his or her own choosing; c) To be tried without undue delay; d) To be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; to be informed, if he or she does not have legal assistance, of this right; and to have legal assistance assigned to him or her, in any case where the interest of justice so require, and without payment by him or her in any such case if he or she does not have sufficient means to pay for it; e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her; f) To have the free assistance of an interpreter if he or she cannot understand or speak the language used before the Special Tribunal g) Not to be compelled to testify against himself or herself or to confess guilt. Section 22: Protection of Victims and Witnesses The Special Tribunal for Kenya shall provide in its Rules of Procedure and Evidence for the protection of victims and witnesses. Such protection measures shall include, but shall not be limited to, the conduct of in camera proceedings and the protection of the victim s identity. Section 23: Judgment 1. The Trial Chambers shall pronounce judgments and impose sentences and penalties on persons convicted of serious crimes, serious human rights violations and violations of international humanitarian law related to the post election violence in Kenya. 2. The judgment shall be rendered by a majority of the judges of the Trial Chamber, and shall be delivered by the Trial Chamber in public. It shall be accompanied by a reasoned opinion in writing, to which separate or dissenting opinions may be appended. Section 24: Penalties 1. The penalty imposed by the Trial Chamber shall be limited to imprisonment. In determining the terms of imprisonment, the Trial Chambers shall have recourse to the general practice regarding prison sentences provided in the Penal Code but shall not extend to capital punishment.

13 2. In imposing the sentences, the Trial Chambers should take into account such factors as the gravity of the offence and the individual circumstances of the convicted person. 3. In addition to imprisonment, the Trial Chambers may order the return of any property and proceeds acquired by criminal conduct, including by means of duress, to their rightful owners. Section 25: Appellate Proceedings 1. The Appeals Chamber shall hear appeals from persons convicted by the Trial Chambers or from the Prosecutor on the following grounds: a) An error on a question of law invalidating the decision; or b) An error of fact which has occasioned a miscarriage of justice. 2. The Appeals Chamber may affirm, reverse or revise the decisions taken by the Trial Chamber. Section 26: Review Proceedings Where a new fact has been discovered which was not known at the time of the proceedings before the Trial Chamber or the Appeals Chamber and which could have been a decisive factor in reaching the decision, the convicted person or the Prosecutor may submit to the Special Tribunal for Kenya an application for review of the judgment. Section 27: Sentences Imprisonment shall be served in Kenya and shall be in accordance with the Prisons Act subject to the supervision of the Special Tribunal for Kenya. Section 28: Pardon or Commutation of Sentences There shall be no pardon or commutation of sentence. Section 29: Duty of Cooperation with the Special Tribunal 1. The Government of Kenya and all other authorities shall cooperate with the Special Tribunal for Kenya in the investigation and prosecution of persons accused of committing serious crimes, serious human rights violations and violations of international humanitarian law in the post election period. 2. The Government and all national authorities shall comply without undue delay with any request for assistance or an order issued by the Trial Chamber, including but not limited to: a) The identification and location of persons;

14 b) The taking of testimony and the production of evidence; c) The service of documents; d) The arrest or detention of persons; e) The surrender or the transfer of the accused to the Special Tribunal for Kenya. Section 30: Immunity of the Special Tribunal for Kenya and its officials 1. The Special Tribunal for Kenya and its officers shall enjoy full immunity from civil or criminal proceedings related to or arising out of work duties undertaken in the course of performance of its mandate. The Judges, the Prosecutor and the Registrar shall further enjoy the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law. 2. The staff of the Prosecutor and of the Registrar shall enjoy the privileges and immunities necessary for them to discharge their functions unfettered. 3. Other persons, including the accused, required at the seat or meeting place of the Special Tribunal for Kenya shall be accorded such treatment as is necessary for the proper functioning of the Special Tribunal. Section 31: Expenses of the Special Tribunal for Kenya. 1. The expenses of the Special Tribunal for Kenya shall be determined by the Panel of Eminent Persons in consultation with Parliament and shall be directly charged to the Consolidated Fund. The Special Tribunal shall therefore have a separate vote by virtue of its mandate and it shall be fully insulated from possible interference by the Executive by being in full control of its own budget. 2. The Special Tribunal may receive financial and other support from the international community, intergovernmental and non-governmental organizations in the form of contributions, funds, equipment and services including assistance with expert personnel; Section 32: Language of the Special Tribunal The working languages of the Special Tribunal for Kenya shall be English and Swahili. Section 33: Annual Report of the Special Tribunal for Kenya The Chairperson of the Special Tribunal for Kenya shall submit an annual report of the Special Tribunal for Kenya to Parliament and to the Panel of Eminent African Persons. The Annual Report shall report in detail the extent to which the Government of the Republic of Kenya has facilitated the Special Tribunal and where necessary provide information with regard to whether its operations have been undermined, subverted or in any way interfered with by any entity or from any quarter

15 Section 34: Commencement Date The date of commencement of the operations of the Special Tribunal shall be determined by the President in consultation with the Prime Minister, the Chief Justice and the Attorney General within 30 days of receipt of presidential assent to the Bill. Section 35: Seat of the Special Tribunal for Kenya The seat of the Special Tribunal shall be in Nairobi but the Special Tribunal may meet away from its seat when it considers it necessary for the efficient exercise of its functions.