ICC Wraps Up Probe into Deadly Post-Election Violence in Kenya

The International Criminal Court (ICC) has officially concluded its investigation into the deadly post-election violence that occurred in Kenya following the 2007 elections. This decision, announced on November 27, marks the end of a prolonged legal journey that spanned over a decade.

In the aftermath of the 2007 Kenyan elections, widespread violence led to tragic consequences, including the loss of over 1,200 lives and approximately 600,000 people being displaced. The severity of these events prompted the ICC, headquartered in The Hague, Netherlands, to initiate an investigation in 2010. This probe targeted alleged crimes against humanity, including murder and forced deportation.

The ICC’s scrutiny extended to several high-profile figures in Kenya, including the current President William Ruto and his predecessor Uhuru Kenyatta. Both faced charges of crimes against humanity. However, the legal proceedings encountered significant hurdles. The case against Kenyatta was withdrawn in 2014 by the then chief prosecutor Fatou Bensouda, citing insufficient evidence. Similarly, in 2016, the case against Ruto was halted due to weak prosecution evidence.

Bensouda attributed these setbacks to an ongoing campaign of intimidation and bribery against victims and witnesses, which severely hampered the court’s ability to conduct a fair trial. This led to a new line of investigation focusing specifically on these allegations of witness tampering. Philip Bett and Walter Barasa, two suspects implicated in the intimidation and bribery case, currently remain at large with charges pending before the ICC.

The decision to cease further investigations into the 2007 post-election violence in Kenya was announced by ICC’s deputy chief prosecutor Nazhat Shameen Khan. This announcement brings to a close a complex and long-standing legal chapter that involved key political figures in Kenya, highlighting the challenges faced by international courts in prosecuting crimes against humanity and the impact of witness intimidation on judicial processes.