Nairobi - Former UN secretary general Kofi Annan on Friday hinted he would send the names of politicians and businessmen accused of orchestrating Kenya's post-election violence to The Hague after failed attempts to set up a local tribunal.

Justice Philip Waki, who headed a probe into the violence, gave Kenya until March 1 to create a local tribunal. However, Kenyan MPs on Thursday failed to pass the necessary bill.

Annan said that he and fellow members of the Panel of Eminent African Personalities would review what actions needed to be taken "in line with the spirit, letter and intent" of Waki's probe.

Waki handed over a sealed envelope containing the names of accused, which is purported to include senior ministers, to Annan.

The understanding was that Annan would hand it over to the International Criminal Court (ICC) should Kenya not meet the deadline.

Annan warned that justice must be done in order to avoid a repeat of the violence at the next elections in 2012.

"Ending impunity is critical to addressing the root causes of the crisis that engulfed Kenya last year," he said.

MPs are, however, split on whether the accused should go to the ICC or be tried locally.

Some MPs say they have no faith in the Kenyan justice system and want the accused to be tried in the ICC, while others feel this will impinge upon Kenya's sovereignty.

Justice Minister Martha Karua also warned that trials in the ICC would mean that only the highest-profile figures, allowing other guilty parties to escape punishment.

President Mwai Kibaki and Prime Minister Raila Odinga both attended the vote to back the bill, but only 101 MPs voted in favour, short of the 145 needed.

Around 1,500 people died in clashes between rival tribes affiliated to political parties after presidential elections at the end of December 2007. Hundreds of thousands were displaced.

The trouble came after Orange Democratic Movement leader Raila Odinga's accusation that President Mwai Kibaki's Party of National Unity had rigged the elections.

Calm returned after several months and a deal negotiated by Annan saw the creation of a power-sharing government, with Odinga sworn in as prime minister in April. (dpa)