The chief prosecutor of the International Criminal Court is placing the request to open the investigation, so that means that at least it will begin.
Here's the BBC News report on the matter. The formal request is scheduled for December of this year.
Bets are that we do not get to see the 10 names on the indictment list until then.
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Previous items here at CompHyp on Kenya's election violence:
Jan 6th, 2009 Media Crackdown
Oct 26th, 2008 Waki Commission report
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