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ICC Cases Kenya

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The International Criminal Court's Kenya cases were the most prominent international legal proceedings to arise from the 2007-2008 Post Election Violence, and the most consequential political event of the 2013 election cycle. Both the Kenyan President and his deputy were under indictment for crimes against humanity when they took office, a situation without precedent in the ICC's history.

Key Facts

  • The ICC Prosecutor opened a preliminary examination into Kenya's post-election violence in 2008 following the Waki Commission report; the UN Security Council referral route was bypassed because the ICC Prosecutor used the court's own initiative (proprio motu) jurisdiction under Article 15 of the Rome Statute
  • The Office of the Prosecutor indicted six Kenyans in January 2012; the cases were later narrowed; the two most significant were against Uhuru Kenyatta and William Ruto, both charged with crimes against humanity (murder, deportation, persecution, and other inhumane acts)
  • The cases were confirmed by the Pre-Trial Chamber in January 2012; both Kenyatta and Ruto surrendered voluntarily to The Hague, in itself remarkable, as no sitting African head of state had faced ICC trial proceedings
  • The "ICC election" of 2013: Kenyatta and Ruto's joint campaign explicitly framed the ICC charges as foreign interference in Kenyan sovereignty; their campaign slogan "Uhuru na Kazi" competed with the implicit message that voting against them was siding with the International Criminal Court against Kenya; the African Union condemned the proceedings; the strategy was effective
  • Uhuru Kenyatta's case: charges were withdrawn by the Prosecutor in December 2014 after the prosecution stated it had insufficient evidence to proceed; the prosecution alleged that witnesses had been bribed or intimidated and that the Kenyan government had failed to comply with requests for financial records and other evidence
  • William Ruto's case: proceedings were similarly terminated by the Trial Chamber in April 2016 through a no-case-to-answer finding; the Chamber noted witness recantation and interference on a scale that made a fair trial impossible
  • Kenya used the ICC cases to rally African states against the court; the African Union passed resolutions urging mass withdrawal from the Rome Statute; several African countries did withdraw or threaten withdrawal; Kenya's diplomatic campaign reshaped African-ICC relations for years
  • The collapse of both cases without acquittal or conviction satisfied no one: victims received no justice, the accused were not formally exonerated, and the court's credibility in Africa was severely damaged

See Also

2007-2008 Post Election Violence | Uhuru Kenyatta Presidency | William Ruto Presidency | Multiparty Politics

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