On 30 September 2009, the Chief Prosecutor at the International Criminal Court (ICC), Luis Moreno-Ocampo, announced that the Office of the Prosecutor will now address the post-election violence that took place in Kenya from late 2007 into early 2008. The announcement was made after Kenya failed to meet a 30 September deadline to establish a tribunal at the national level to prosecute the crimes committed.
The Office of the Prosecutor (OTP) declared that the ICC would now seek to prosecute those most responsible for the violence, while other perpetrators would be subject to "national accountability proceedings as defined by the Kenyan Parliament, such as a Special Tribunal." The international and national proceedings respectively will form part of a “three-pronged approach” which will also include the establishment of a Justice, Truth and Reconciliation Commission in Kenya.
Following Kenya’s 2007 presidential election, around 1300 people were killed in violence that flared after the opposition party accused President Mwai Kibaki of stealing the vote. Kenya’s post-election violence has been under preliminary investigation by the OTP since last year, with Mr. Moreno-Ocampo stating that he would bring charges against those responsible for the violence if Kenya failed to act by bringing ahead prosecutions at the national level.
The Kenyan government intended to set up a special tribunal to try those responsible for the violence, but so far attempts to establish a tribunal have stalled.
In July, former UN Secretary General Kofi Annan, who was the chief mediator in the peace talks that led to Kenya’s power-sharing government, handed the Prosecutor a list of names of those responsible for the violence. The names are yet to be made public. A delegation from Kenya met with Mr Moreno-Ocampo on 3 July 2009, in which it expressed its desire to end impunity for the crimes committed.
The Prosecutor added that in pursuing the “three-pronged approach” which included the ICC, Kenya would be “a world example on managing violence”.
ICC Prosecutor Supports Three-Pronged Approach to Justice in Kenya
30 September 2009
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Hague prosecutor to pursue Kenya election charges
30 September 2009