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Although the Department of Public Prosecutions was correct to send the files back to thepolice for further investigations, it is inexplicable that the work of a task force establishedin 2008 has, three years later, amounted to no more than one report to the Department ofPublic Prosecutions in 2009; one response from the Department of Public Prosecutions in2010; and no further results as of September 2011. To date, no member of the securityforces has been charged for election-related sexual assault, although CIPEV evidencesuggests that at least 26 percent of women raped during the post-election violence wereraped by police officers. 59Failure to Create a Special TribunalThe Waki Report called on the government to establish a special tribunal, staffed by Kenyanand international judges, prosecutors and investigators, with the mandate to prosecutecrimes committed during the post-election violence. It stipulated that PNU and ODM shouldsign an agreement within 60 days of the report’s publication to create such a tribunal, andthat within an additional 45 days, a statute to establish the tribunal should be adopted. 60Upon publication of its report, the Waki Commission delivered its list of allegedperpetrators, together with supporting evidence against them, to the Panel of EminentAfrican Personalities, led by former United Nations Secretary General Kofi Annan. The panelwas to safeguard this evidence pending the establishment of a special tribunal; if a tribunalwas not created, the panel was to turn the names and evidence over to the ICC prosecutor.Kibaki and Odinga signed an agreement to this effect on December 16, 2008, stipulatingthat a Cabinet Committee would draft a bill. But the cabinet subsequently failed to takesteps to enact a tribunal. 61 A last-minute bill to amend the constitution so as to provide fora special tribunal was proposed by Martha Karua, then Minister of Justice, in late January2009. However, a group of parliamentarians led by Gitobu Imanyara objected to the bill,purportedly on the grounds that politicians would interfere with a local tribunal, and that itwould be preferable to shift responsibility to the ICC. 62 Civil society groups also voiced59 CIPEV, p. 24. The CIPEV received evidence that 82% of victims of sexual violence did not file reports with the police; in32% of these cases, the reason given was that the police themselves were the attackers.60 Ibid., pp. 472-475.61 Republic of Kenya, State House, “Special Tribunal to Be Set Up,” Nairobi, December 17, 2008,http://www.statehousekenya.go.ke/news/dec08/2008171202.htm (accessed July 20, 2011).62 Gitau Warigi, “Local tribunal or The Hague?” Daily Nation (Nairobi), January 31, 2009, http://www.nation.co.ke/News/-/1056/522542/-/u1tuco/-/index.html (accessed July 20, 2011).“TURNING PEBBLES” 22