As the debate continues to rage, pressure continues to pile on the two principals- President Mwai Kibaki and Prime Minister Raila Odinga - to rally their people so as the special tribunal is formed before the time frame agreed on by between the Kenyan team and the ICC Chief Prosecutor Luis Moreno Ocampo.

On Tuesday, a cabinet session called to hammer out the modalities of setting up the tribunal ended in disarray, after the cabinet rejected the tribunal draft presented by the Kenyan Minister of Constitutional Affairs, Mr Mutula Kilonzo. The proposed draft had stripped the president of powers to pardon indictees. It also took away the Attorney general's powers to enter a 'Nolle Prosequi'' ie the power to terminate a case against any individual or oeganisation. The draft bill too, clipped the Kenyan courts' powers to enter an injunction against the tribunal's proceedings.It was reported that many of the ministers had proposed that the country opts for a Truth Justice and reconciliation Commission.

Others had proposed the option of the Kenyan courts to be used to try the suspects, contrary to the proposal of the tribunal, which many felt will be an affront to Kenya's sovereignty. But as the clocks ticks away, there are fears that the Kenyan government will not set up the special tribunal because of lack of political will.

Human rights lawyer Betty Murungi said that expecting the Kenyan government to set up the tribunal will be a tall order, since some of the suspects are sitting on the cabinet. She also adds that parliament also has its fair share of suspects. So no criminal can dare tie a noose around his neck.

Meanwhile, foreign governments, especially those from the European Union and the US, have said that they will not accept a watered down special tribunal. Speaking at a press conference in Nairobi, the envoys representing EU countries and the US Kenyan ambassador Michael Rannebergger said as long as the tribunal will not meet the international standards, they will rally for the suspects to be taken to the International Criminal Court to face trial. They were led by Rannebergger and the Swedish envoy to Kenya, Ann Standt.

At the same time, a the Kenyan Minister of Agriculture who has been vocal in support of the Hague as the best option to try the post election violence suspects has changed his stand, and is now rooting for the formation of the Truth Justice and reconciliation Commission as the best option.

William Ruto, who is also the MP of Eldoret North, has since the release of the Waki Commission report, calling for the ICC to take up the matter, since Kenyans have lost faith in the judicial systems of their country. The minister's change of tune has caught many by surprise, with many people saying that he might have been belittled the power of the ICC.

Many of the leaders from Rift Valley Province which saw the worst face of violence, have been advocating for the Hague option Many might have been hopeful that the cases might not meet the ICC's threshold.

It is suspected that many of the Rift Valley and Central Provinces leaders might have been involved in the funding and organizing militias that visited violence of perceived enemy tribes.

As the debate on the fate of post poll violence rages, the Kenya media have been also sucked up into the talk, with some media houses choosing to mislead the general public on the potency of the ICC. For example, local TV and radio stations have been using the former Liberian strongman, Charles Taylor's appearance at the ICC to highlight the lethal power of the ICC.

Whilst it is true that Taylor is being charged at the ICC, the prosecuting body is not the International Criminal Court, but rather the Special Tribunal for Sierra Leone. ICC just provided the court facilities after fears that Taylor's die -hard militias might unleash violence in both Liberia and Sierra-Leone.

The media houses have also been portraying that Taylor is being charged for the crimes he is alleged to have committed in Liberia. On the contrary, Taylor is being charged for war crimes and crimes against humanity that were committed in Sierra Leone, by the United Patriotic Front militia that was led by the late Foday Sankoh, whom Taylor is alleged to have armed and bankrolled in return or diamonds.