Kenyans may not know the identities of the suspects in the Waki envelope until the International Criminal Court classifies the post-election case as a full investigation.
Under the ICC procedures,the Kenyan case is classified as a 'situation' because it is still in the preliminary stages.
It is up to special prosecutor Luis Moreno-Ocampo to determine whether 'there is a reasonable basis to proceed with an investigation'.
Alleged crimes
Generally,preliminary findings on a situation do not become public knowledge until the prosecutor’s office opens an investigation.
The ICC is currently conducting preliminary analysis of situations in a number of countries including Chad,Kenya,Afghanistan,Georgia,Colombia and Palestine.
Mr Moreno-Ocampo can start an investigation only if the relevant national judicial authority is unable or unwilling to investigate and prosecute alleged crimes.
The Kenyan situation is still in the first of a 10-step process that can lead to the sentencing of those accused.
The main steps in The Hague process are:
· Preliminary analysis
· Opening an investigation
· Conducting the investigation
· Presenting evidence to the judges and requesting for summons for suspects to appear or arrest warrants.
· Summons or arrest warrants (judicial action based on the prosecutor’s evidence)
· Appearance of the named individuals (third party action)
· Confirmation of charges
· Trial
· Possible appeal
· Sentencing
Under Article 53 of the Rome Statute,the prosecutor must have reasonable basis to believe that a crime within the court’s jurisdiction has been committed before initiating investigations.
The prosecutor works in two ways: he can act on a referral by a government or the United Nations Security Council or act on communication received from individuals or organisations in member states.


mwana wa kahii. . . . .