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Kenya’s fatal post-election violence legal saga ends

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Africa (Commonwealth Union) _ On Monday (Nov. 27), the International Criminal Court (ICC) deputy chief prosecutor, Nazhat Shameem Khan, declared the termination of all additional investigations into crimes linked to the 2007 post-election violence in Kenya. The violence, which occurred in the aftermath of the 2007-2008 elections, resulted in a devastating toll, with over 1,200 lives lost and approximately 600,000 people displaced. This period marked a dark chapter in Kenya’s history, and the pursuit of justice through the International Criminal Court (ICC) aimed to address the alleged crimes committed during that tumultuous time. The conclusion of the investigations represents a step in the broader process of accountability and reconciliation in the country.

The Hague-based tribunal initiated an investigation into the violence in 2010, initially charging six suspects with crimes against humanity, including murder and deportation. Among the accused were current Kenyan President William Ruto and his predecessor Uhuru Kenyatta. In 2014, former chief prosecutor Fatou Bensouda dropped the charges against Kenyatta, and in 2016, the case against Ruto was halted after judges deemed the prosecution’s evidence too weak. These developments highlight the complexities and challenges faced by the International Criminal Court (ICC) in pursuing charges against high-profile individuals, as well as the legal scrutiny applied to the strength of evidence in such cases.

Bensouda attributed the inability to proceed with the trial to a relentless campaign of victim and witness intimidation. Subsequently, prosecutors launched a new investigation into witness intimidation and bribery. Two suspects in this case, Philip Bett and Walter Barasa, remain at large and face charges before the court.

The conclusion of these investigations marks the end of a 13-year legal saga involving high-profile Kenyan politicians and the International Criminal Court (ICC). This significant development signifies the resolution of a long-standing legal process and may have broader implications for the political landscape in Kenya. The closure of the investigations reflects a key milestone in the efforts to address alleged crimes committed during the 2007-2008 post-election violence in the country.

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