ICC Closes Investigations On 2007 Kenyan Post Election Violence Case
The Office maintains its capacity to act on information relating to retaliation
In an announcement on Monday, the International Criminal Court (ICC) officially concluded its investigation into the violence that unfolded in Kenya following the 2007 General Election, a probe initiated in 2010.
ICC Deputy Prosecutor Nazhat Shameem Khan, terminated investigations into the violence that claimed over 1,200 lives and resulted in the displacement of thousands due to ethnic clashes.
In a statement, Khan explained her decision after a comprehensive assessment of available information, signaling the closure of the investigation phase.
“Accordingly, additional cases into the alleged criminal responsibility of other persons. The Office maintains its capacity to act on information relating to retaliation against witnesses,” she said.
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Approximately 13 years ago, the ICC initiated an investigation led by prosecutor Luis Moreno Ocampo, targeting six suspects known as the ‘Ocampo Six’.
The group included Former President Uhuru Kenyatta, President William Ruto, Major General Mohammed Hussein Ali, Henry Kiprono Kosgey, Francis Kirimi Muthaura, and Joshua Arap Sang.
The charges against them ranged from crimes against humanity to murder and deportation.
However, the legal landscape evolved in years.
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Chief Prosecutor Fatou Bensouda withdrew charges against Kenyatta and by 2016, the case against Ruto was halted as judges deemed the prosecution’s evidence insufficient.
All charges against the Ocampo Six were either unconfirmed, withdrawn, or terminated without prejudice.
Following these developments, the ICC pursued an additional investigation leading to the arrest of individuals like Walter Barasa, lawyer Paul Gicheru, and Philip Kipkoech Bett on bribery charges.
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While Gicheru’s case was terminated after his demise in September 2022, Barasa and Bett remained at large.
Deputy Prosecutor Shameen Khan also mentioned that cases against Barasa and Bett for offenses against the administration of justice will continue, with ongoing communication with Kenyan authorities regarding this decision.
The ICC affirmed its continued commitment to its work in Kenya, particularly in relation to the two pending cases involving Barasa and Bett.
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