International Criminal Court investigation in Kenya
The seal of the International Criminal Court
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|
| File no. | 01/09 |
|---|---|
| Referred by | Pre-Trial Chamber II |
| Date referred | 31 March 2010 |
| Date opened | 31 March 2010 |
| Incident(s) | 2007–2008 Kenyan crisis |
| Crimes |
Crimes against humanity: · Deportation · Inhumane acts · Murder · Persecution · Rape |
| Mohammed Ali | Charges not confirmed |
| Uhuru Kenyatta | Charges withdrawn |
| Henry Kosgey | Charges not confirmed |
| Francis Muthaura | Charges withdrawn |
| William Ruto | Charges withdrawn |
| Joshua Sang | Charges withdrawn |
The International Criminal Court investigation in Kenya or the situation in the Republic of Kenya is an on-going investigation by the International Criminal Court (ICC) into the responsibility for the 2007–2008 post-election violence in Kenya. The 2007–2008 Kenyan crisis followed the presidential election that was held on 27 December 2007. The Electoral Commission of Kenya officially declared that the incumbent President Mwai Kibaki was re-elected; supporters of the opposition candidate Raila Odinga accused the government of electoral fraud and rejected the results. A series of protests and demonstrations followed, and fighting—mainly along tribal lines—led to many deaths, injuries and displacements.
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. 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—all accused of crimes against humanity. The six suspects, known colloquially as the "Ocampo six" were indicted by the ICC's Pre-Trial Chamber II on 8 March 2011 and summoned to appear before the Court.
The government of Kenya and the National Assembly both attempted to stop the ICC process. The government appealed to both the United Nations Security Council and the Court itself regarding the admissibility of the case. The National Assembly voted in favour of removing Kenya as a state party to the Rome Statute, the international treaty which established the ICC. Despite this opposition, the suspects cooperated with the proceedings and attended preliminary hearings in The Hague in April 2011 and confirmation of charges hearings in September of that year. The Pre-Trial Chamber II confirmed the charges against Kenyatta, Ruto, and Sang and declined to confirm the charges against Ali, Kosgey, and Muthaura. The trial of Ruto and Sang began on 10 September 2013, while that of Kenyatta is supposed to begin on 5 February 2014. However the Chief prosecuter has asked that the case be adjourned citing lack of enough evidence required for trial.
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