Statement of ICC Deputy Prosecutor, Nazhat Shameem Khan, announcing her decision to conclude the investigation phase of the Situation in the Republic of Kenya

This statement is issued by International Criminal Court (“ICC” or “Court”) Deputy Prosecutor Nazhat Shameem Khan pursuant to article 42(7) of the Rome Statute and the June 2021 decision by Prosecutor Karim A. A. Khan KC to recuse himself from all Kenya cases before the Court.

On 31 March 2010, Pre-Trial Chamber II granted the request of the Office of the Prosecutor to open an investigation proprio motu in the Situation in the Republic of Kenya (“Situation in Kenya”), in relation to alleged crimes against humanity committed in the context of post-election violence in Kenya in 2007 and 2008.

The Office’s investigation led to charges against six suspects in two separate cases. All charges against these six suspects were either not confirmed or withdrawn or terminated without prejudice. Following the termination of the cases, the Office initiated an investigation into offences under article 70 of the Rome Statute, which led to arrest warrants against three suspects: Mr Walter Barasa, Mr Paul Gicheru and Mr Philip Kipkoech Bett. After receiving official confirmation of the death of Mr Gicheru, the Trial Chamber terminated the proceedings. Mr Barasa and Mr Bett remain at large.

After assessing all the information available to me at this time, I have decided to conclude the investigation phase in the Situation in Kenya. I have reached this decision after considering the specific facts and circumstances of this Situation. Accordingly, the Office will not pursue additional cases into the alleged criminal responsibility of other persons. The Office maintains its capacity to act on information relating to retaliation against witnesses. In this regard, the cases against Mr Barasa and Mr Bett for offences against the administration of justice remain before the Court.

I have informed the relevant authorities of the Republic of Kenya of this decision.

Our work in the Situation in Kenya will continue in relation to the two pending cases. In parallel, the Office will continue to engage with Kenyan authorities, civil society organisations and relevant domestic actors to enhance cooperation and to identify common synergies between the Office and domestic actors.

For further details on "preliminary examinations" and "situations and cases" before the Court, click here, and here.