None of those responsible for the violence have faced trial
The International Criminal Court's chief prosecutor is in Kenya for talks on how to bring to justice those behind 2008 post-election violence.
Luis Moreno-Ocampo is due to meet the president and prime minister, who agreed to share power to end the clashes between their supporters.
Prominent politicians, including cabinet ministers, are suspected of masterminding the violence.
Correspondents say Mr Ocampo cannot be sure of a warm welcome in Nairobi.
The BBC's Josphat Makori in the Kenyan capital, Nairobi, says the government has been sending out mixed signals about the prospect of sending suspects for trial in The Hague.
Last month, Kenya said it would co-operate with the ICC but it has missed several deadlines to set up a local tribunal to deal with the election violence, which left some 1,300 people dead and forced 300,000 from their homes.
Kenyan legal expert Yash Pal Ghai told the BBC that Mr Moreno-Ocampo wants the government to refer the case to the ICC itself but he points out:
"If the friends of the prime minister and the president are the people who will be in the dock, then why would they send them to The Hague?"
The names of 10 suspects have already been handed to the ICC but their identities have not been made public.
A government inquiry earlier this year recommended that the matter could be sent to the ICC in The Hague unless a special local tribunal was set up.
Mr Moreno-Ocampo has said that if the Kenyan government fails to take action, he himself will initiate proceedings.
He has said he wants to make Kenya a "world example on managing violence".
On Thursday, Attorney General Amos Wako said he would sue the US after it banned him from travelling there, accusing him of blocking reforms following the violence.
Supporters of Raila Odinga claimed he had been cheated of victory in the December 2007 election by President Mwai Kibaki.
After months of violence, the pair agreed to share power last year - with Mr Odinga as prime minister - but none of those responsible have been prosecuted.