The following day Vice- President Kalonzo Musyoka told Parliament he was privy to "serious consultations" to stop trials against the four Kenyans at The Hague. As if on cue, members of the East African Legislative Assembly sitting in Nairobi, voted for the trials to be referred to the Arusha-based EACJ.
Uhuru and Muthaura have asked the Trial Chamber to delay setting a trial date until appeals on jurisdiction are determined.
In the law courts, two Kenyans are seeking to stop the ICC from trying the four Kenyans.
They have sought orders barring the four from co-operating with the ICC, arguing the process is unfair since the contents of the controversial Waki âenvelopeâ had not been made public.
Police Commissioner Mathew Iteere has urged the Government to ask the ICC to furnish the police with the evidence against the Ocampo Four, so the police can act on the files. Last October, the Government petitioned the Pre-Trial Chamber to turn over the evidence against the suspects, including all confidential un-redacted materials provided by the courtâs Chief Prosecutor Luis Moreno-Ocampo.
In its second request for assistance and co-operation, Kenya said the evidence would help on-going national investigations and prosecutions into post- election violence.
The application filed by UK lawyers Geoffrey Nice and Rodney Dixon cited the need to fast-track over 3,500 pending investigations, which included the then six suspects before the ICC that "must be fast-tracked".
In Parliament Tuesday, President Kibaki abandoned his usual style to avoid controversial matters saying: "I am cognizant of the fact that this House passed a Motion that (calls for) Kenya to pull out of ICC. Victims of post-election violence deserve justice. Kenyans facing trials also deserve a fair and legal hearing. In the meantime I call on Kenyans to remain calm even as we pursue option of having a local mechanism to deal with any international crimes."
Kalonzo echoed the Presidentâs sentiments to consider "all the options" adding it was in the best interest of the nation to have the cases tried locally. "I know that serious consultations are under way, which will make it possible for us to have the local option," the VP said.
"This House missed that golden opportunity, but it is important for all of us to think backwards and take corrective action where we know it is in the best interest of this nation to have matters done locally."
Gichugu MP Martha Karua, however, has accused the Government of placing its machinery at the disposal of the suspects, while not doing the same for victims. She said a local tribunal would only be credible if it had international experts because "this is a highly emotive political issue".