ICC ends long-running investigation into Kenya violence

The office of the prosecutor of the International Criminal Court has announced its decision to halt its investigation into violence in Kenya that broke out after a disputed presidential election in late 2007.

The unrest left more than 1,000 people dead and led the ICC to open an investigation in 2010 against six suspects, including current and former presidents.

The charges against the suspects were either withdrawn, terminated or thrown out by pre-trial judges due to lack of evidence.

Deputy prosecutor Nazhat Shameem Khan said the decision to end the investigation came ” 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,” Khan added.

“Our work in the situation in Kenya will continue in relation to the two pending cases.”

ICC prosecutors are still pursuing charges against three Kenyans accused of interfering with witnesses. One of those suspects died and two others remain at large.

They could still be put on trial at the ICC if they are captured and sent to The Hague.

Current ICC prosecutor Karim Khan was previously the defence lawyer for one of the suspects and recused himself from all Kenya investigations in 2021.

The office of the ICC’s prosecutor is an independent organ of the court and conducts preliminary examinations, investigations and is the only one which can bring cases before the court.