The cabinet is backing a controversial recommendation to prosecute those responsible for the post-election violence in January and February 2008. In its final report the inquiry into the unrest headed by Justice Phillip Waki proposes the creation of a special tribunal in Kenya to try the politicians and businessmen thought to have been behind the social, economic and ethnic violence, which left over 1,500 people dead and over 300,000 displaced from their homes.

Parliament now has until mid-December to approve a constitutional amendment establishing the court. Failing that, a secret list of suspects drawn up by the commission will be handed over to the International Criminal Court (ICC) in The Hague for possible prosecution.

The Waki report has been at the centre of controversy since it was published in mid-October. Proponents support it as a way of healing the wounds created by the post-election violence and opponents say it will only deepen ethnic divisions in the country. The unrest largely involved members of president Mwai Kibaki