International Criminal Court investigation in Kenya

Situation in the Republic of Kenya
The seal of the International Criminal Court
The seal of the International Criminal Court
File no.01/09
Referred byPre-Trial Chamber II
Date referred31 March 2010
Date opened31 March 2010 (2010-03-31)
Incident(s)2007–2008 Kenyan crisis
CrimesCrimes against humanity:
· Deportation
· Inhumane acts
· Murder
· Persecution
· Rape
Status of suspects
Mohammed AliCharges not confirmed
Uhuru KenyattaCharges withdrawn
Henry KosgeyCharges not confirmed
Francis MuthauraCharges withdrawn
William RutoCharges vacated
Joshua SangCharges vacated
Walter BarasaFugitive
Paul GicheruDeceased
Philip BettFugitive

The International Criminal Court investigation in Kenya or the situation in the Republic of Kenya was an investigation by the International Criminal Court (ICC) into the responsibility for the 2007–2008 post-election violence in Kenya.[1] The 2007–2008 crisis followed the presidential election that was held on 27 December 2007.[2] The Electoral Commission of Kenya officially declared that the incumbent President Mwai Kibaki was re-elected however supporters of the opposition candidate Raila Odinga accused the government of electoral fraud and rejected the results.[3] A series of protests and demonstrations followed, and fighting—mainly along tribal lines—led to an estimated 1,200 deaths and more than 500,000 people becoming internally displaced.[3]

After failed attempts to conduct a criminal investigation of the key perpetrators in Kenya, the matter was referred to the International Criminal Court in The Hague.[4] In 2010, the Prosecutor of the ICC Luis Moreno Ocampo announced that he was seeking summonses for six people: Deputy Prime Minister Uhuru Kenyatta, Industrialisation Minister Henry Kosgey, Education Minister William Ruto, Cabinet Secretary Francis Muthaura, radio executive Joshua Arap Sang and former police commissioner Mohammed Hussein Ali.[5][6] The six suspects, known colloquially as the "Ocampo six"[7] were indicted by the ICC's Pre-Trial Chamber II on 8 March 2011 on charges of crimes against humanity and summoned to appear before the Court.[8][9]

On 23 January 2012 Pre-Trial Chamber II confirmed the charges against Kenyatta, Muthaura, Sang and Ruto and dismissed the charges against Kosgey and Ali. The charges against Francis Muthaura and Uhuru Kenyatta were subsequently withdrawn by the prosecution. The trial of William Ruto and Joshua Arap Sang began on 10 September 2013, and ended on 5 April 2016 with the charges being dismissed. During the investigation the ICC prosecutor charged Walter Barasa, Paul Gicheru and Philip Bett with crimes against the administration of justice.[10]

  1. ^ "Decision Pursuant to Article 15 of the Rome Statute on the Authorization of an Investigation into the Situation in the Republic of Kenya" (PDF). International Criminal Court. pp. 79–83. Archived from the original (PDF) on 8 December 2015. Retrieved 27 January 2012.
  2. ^ "Kenya election violence: ICC names suspects". BBC News. 15 December 2010. Retrieved 30 April 2011.
  3. ^ a b "Odinga rejects Kenya poll result". BBC News. 31 December 2007. Retrieved 28 July 2011.
  4. ^ "Waki Commission list of names in the hands of ICC Prosecutor". Icc-cpi.int. Retrieved 8 November 2021.[permanent dead link]
  5. ^ "Prosecutor's Application Pursuant to Article 58 as to William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang" (PDF). International Criminal Court. 15 December 2010. p. 6. Archived from the original (PDF) on 13 August 2012. Retrieved 12 July 2011.
  6. ^ "Prosecutor's Application Pursuant to Article 58 as to Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali" (PDF). International Criminal Court. 15 December 2010. p. 6. Archived from the original (PDF) on 13 August 2012. Retrieved 12 July 2011.
  7. ^ "ICC judges summon 'Ocampo six'". Al Jazeera English. 8 March 2011. Retrieved 28 July 2011.
  8. ^ "Decision on the Prosecutor's Application for Summonses to Appear for Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali" (PDF). International Criminal Court. 8 March 2011. p. 23. Archived from the original (PDF) on 16 June 2013. Retrieved 12 July 2011.
  9. ^ "Decision on the Prosecutor's Application for Summons to Appear for William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang" (PDF). International Criminal Court. 8 March 2011. pp. 22–23. Archived from the original (PDF) on 16 June 2013. Retrieved 12 July 2011.
  10. ^ Cite error: The named reference ICC_following_transfer_of_Paul_Gicheru was invoked but never defined (see the help page).