Republic of Kenya

Kenya
Situation in the Republic of Kenya
ICC-01/09

ICC Prosecutor opens proprio motu investigation: March 2010

Current focus: Alleged crimes against humanity committed in the context of post-election violence in Kenya in 2007/2008.

Current regional focus: Six of the eight Kenyan Provinces: Nairobi, North Rift Valley, Central Rift Valley, South Rift Valley, Nyanza Province and Western Province

​Jurisdiction in the general situation

Kenya ratified the Rome Statute on 15 March 2005. The ICC therefore may exercise its jurisdiction over crimes listed in the Rome Statute committed on the territory of Kenya or by its nationals from 1 June 2005 onwards. On 31 March 2010, Pre-Trial Chamber II granted the Prosecutor's request to open an investigation proprio motu in the situation in Kenya, in relation to crimes against humanity within the jurisdiction of the Court committed between 1 June 2005 and 26 November 2009.

Context and alleged crimes

ICC investigations have focused on alleged crimes against humanity committed in the context of post-election violence in Kenya in 2007/2008, in six of the eight Kenyan Provinces: Nairobi, North Rift Valley, Central Rift Valley, South Rift Valley, Nyanza Province and Western Province.

In granting the Prosecutor's request to open an investigation, the ICC Pre-Trial Chamber noted the gravity and scale of the violence. The Prosecutor contended that over 1,000 people were killed, there were over 900 acts of documented rape and sexual violence, approximately 350,000 people were displaced, and over 3,500 were seriously injured. The Chamber noted from the Prosecutor's submission "…elements of brutality, for example burning victims alive, attacking places sheltering IDPs, beheadings, and using pangas and machetes to hack people to death", and that perpetrators, among other acts, allegedly "terrorized communities by installing checkpoints where they would select their victims based on ethnicity, and hack them to death, commonly committed gang rape, genital mutilation and forced circumcision, and often forced family members to watch."

The Pre-Trial Chamber also observed victims' representations concerning the individual impact of the violence on the victims: "Complaints of harm suffered concern the inability of victims' children to continue their education, poor living conditions and health concerns in IDP camps, psychological damage such as trauma, stress, and depression, loss of income due to loss of jobs or an inability to re-establish their business, the contraction of sexually transmitted diseases after rape, abandonment after rape, and the separation of families."

The investigation has produced two main cases, originally with six suspects, involving charges which include the following crimes:

  • crimes against humanity: murder, deportation or forcible transfer of population, persecution, rape, and other inhumane acts

Proceedings in another case involving charges against one suspect for offences against the administration of justice consisting in corruptly or attempting to corruptly influencing ICC witnesses.

This was the first situation in which the Prosecutor opened an investigation proprio motu, rather than by receiving a referral.


Cases in the Kenya

Please see the cases for case-related Court records, transcripts and news.

4
CASES
1
ONGOING TRIALS
3
WARRANTS OF ARREST
3
SUSPECTS AT LARGE

Charges vacated

On 5 April 2016, Trial Chamber V(A) decided, by majority that the case against William Samoei Ruto and Joshua Arap Sang is to be terminated. This decision may be subject to appeal.

Questions and answers arising from the decision of no-case to answer in the case of Prosecutor v. Ruto and Sang

Charges withdrawn

The confirmation of charges hearing took place from 21 September to 5 October 2011. Charges withdrawn due to insufficient evidence.

Next steps: The case is considered closed unless and until the Prosecutor submits new evidence.

The arrest warrant was issued under seal against Mr Barasa on 2 August 2013 and unsealed on 2 October 2013.

Next steps: The case remains in the Pre-Trial stage, pending Walter Barasa's arrest or voluntary appearance before the Court. The ICC does not try individuals unless they are present in the courtroom.

The warrant of arrest was issued under seal against Paul Gicheru and Philip Kipkoech Bett on 10 March 2015 and unsealed on 10 September 2015. They are not in the Court's custody.

Next steps: The case remains in the Pre-Trial stage, pending the suspects' arrests or voluntary appearances before the Court.