The International Criminal Court (ICC) has announced the closure of investigations against the six individuals accused of triggering the 2007/2008 post-election violence in Kenya.
In a statement on Monday, November 27, ICC Deputy Prosecutor Nazhat Shameem Khan said the court will not proceed with investigations against the six former suspects.
“After assessing all the information available to me at this time, I have decided to conclude the investigation phase in the Situation in Kenya,” said Khan.
This comes as a big relief to the former accused six individuals whose cases were either withdrawn or terminated without prejudice including President William Ruto and his predecessor Uhuru Kenyatta.
“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,” stated Khan.
However, Khan explained that ICC charges in Kenya will now be against Walter Barasa and Philip Kipkoech Bett.
The two were charged with tampering with witnesses alongside the late Paul Gicheru.
“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,” added Khan.
Additionally, the prosecutor stated that the decision has been sent to relevant authorities of the Republic of Kenya.
“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 organizations and relevant domestic actors to enhance cooperation and to identify common synergies between the Office and domestic actors,” explained Khan.
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Ruto ICC Case
On December 15, 2010, then ICC prosecutor Luis Moreno Ocampo summoned six Kenyans after launching a probe in Kenya’s post-election chaos.
The prosecutor’s investigations focused on the violence that followed what was widely perceived as a rigged presidential election in favor of the incumbent president, Mwai Kibaki, in December 2007.
Consequently, the post-election violence claimed over 1,100 lives and forced nearly 400,000 people from their homes.
In one case, the prosecutor alleged that William Samoei Ruto, Henry Kiprono Kosgey, and Joshua arap Sang committed the crimes against humanity of murder, deportation or forcible transfer, torture, and persecution on the basis of political affiliation when they carried out a plan to attack perceived supporters of Kibaki’s Party of National Unity (PNU).
The goals of the plan, the prosecutor alleged, were to gain power in the Rift Valley—one of Kenya’s eight provinces—and, in turn, in Kenya, and to punish and expel from the Rift Valley those perceived to support the PNU.
Ruto and Kosgey were senior members of the Orange Democratic Movement (ODM), then the opposition party.
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Uhuru Kenyatta Case
In the other case, the prosecutor alleged that Francis Kirimi Muthaura, Uhuru Muigai Kenyatta, and Mohammed Hussein Ali committed the crimes against humanity of murder, deportation or forcible transfer, rape and other forms of sexual violence, other inhumane acts causing serious injury, and persecution based on political affiliation when they carried out a plan to attack perceived ODM supporters in order to keep the PNU in power.
According to the prosecutor’s application, this plan was formed in response to the planned attacks on PNU supporters in the Rift Valley and to deal with ODM-organized protests.
The prosecutor alleged that there were essentially two components of the plan.
