Kenya Investigation
The situation in Kenya was brought before the Court on the initiative of the Prosecutor. On November 26, 2009, after extensive preliminary examination and analysis, the Prosecutor requested authorization from the Court to open an investigation into alleged crimes against humanity following the 2007 elections in Kenya. It was the first time the Prosecutor invoked the proprio motu powers granted to him under Article 15(3) of the Rome Statute. The Pre-Trial Chamber granted the Prosecutor's request on March 31, 2010 and thus authorized the investigation. The Government of Kenya ratified the Rome Statute on March 15, 2005, and thus has been a State Party and has been subject to the Court's jurisdiction since June 1 of that year.
- The ICC's Investigation in Kenya into Crimes Against Humanity: Potential and Challenges, by Felicity Conrad (July 29, 2010)
- ICC Pre-Trial Chamber Approves Prosecutor's Investigation in the Kenya Situation, by Douglas Dunbar (May 7, 2010)
- The ICC Prosecutor's Application for Authorization to Open an Investigation in the Situation of Kenya, by Tania Deigni (April 5, 2010)
Background of Conflict
The December 2007 election in Kenya resulted in widespread violence across the country. Opposition leader Raila Odinga lost to then President Mwai Kibaki, who was believed to have rigged the election in his favor. Politically oppressed ethnic groups represented by Odinga united and protested, leading to violent conflict between supporters of the two candidates.
The violence was largely suppressed in February 2008 following the formation of a coalition government; however, by that time approximately 350,000 people were displaced and 1,333 people had reportedly been killed.
Case: William Samoei Ruto and Joshua Arap Sang
William Samoei Ruto
Position Former Minister of Higher Education, Science and Technology of the Republic of Kenya
Charges Allegedly indirect co-perpetrator of three crimes against humanity (murder, deportation or forcible transfer of population, and persecution)
Status Charges confirmed but not detained; awaiting trial
Joshua Arap Sang
Position Head of Operations at Kass FM in Nairobi
Charges Allegedly indirect co-perpetrator of three crimes against humanity (murder, deportation or forcible transfer of population, and persecution)
Status Charges confirmed but not detained; awaiting trial
Henry Kiprono Kosgey
Position Member of Parliament and Chairman of the Orange Democratic Movement (ODM)
Charges Allegedly indirect co-perpetrator of three crimes against humanity (murder, deportation or forcible transfer of population, and persecution)
Status Charges not confirmed; no longer part of the case
Summary
All three suspects appeared voluntarily before the Court in response to summonses to appear. Following the confirmation of charges hearing, Pre-Trial Chamber II confirmed the charges against Ruto and Sang but declined to confirm charges against Kosgey. The trial against Ruto and Sang will begin on May 28, 2013.
Timeline
December 15, 2010 Prosecutor submits to Pre-Trial Chamber II an application requesting the issuance of summons to appear for Ruto, Kosgey and Sang for their alleged responsibility in the commission of crimes against humanity. In supporting his requests, the Prosecutor submits to the Chamber several thousands of pages of documents.
March 8, 2011 Pre-Trial Chamber II issues summons to appear for the three individuals named in the case.
April 7, 2011 The suspects make their initial appearance before the Court.
September 1-8, 2011 Pre-Trial Chamber conducts the confirmation of charges hearing.
January 23, 2012 Judges confirm the charges against Ruto and Sang but decline to do so for Kosgey due to lack of evidence. The Prosecutor decides not to appeal this decision; the defendants do so.
March 29, 2012 ICC Presidency constitutes Trial Chamber V and refers the case to it.
May 24, 2012 Appeals Chamber rejects the defendants' appeals of the confirmation of charges decision, affirming the Court's jurisdiction in the case.
March 8, 2013 Trial Chamber V, granting requests by Ruto and Sang, postpones the trial to start on May 28, 2013. It was originally scheduled to begin on April 10.
May 24, 2013 AU passes resolution asking for ICC cases to be referred back to national prosecution and investigations
May 28, 2013 The president of the ICC repsonds to AU resolution by reiterating the ICC’s impartiality.
June 3, 2013 Trial date for William Ruto and Joshua Sang moved back to September 10th and advised to have part of the trial take place in Kenya or Tanzania.
More Resources
Open Society Justice Initiative's International War Crimes Trials Monitoring project:
Case: Uhuru Muigai Kenyatta
Francis Kirimi Muthaura
Position Former Head of the Public Service and Secretary to the Cabinet of the Republic of Kenya
Charges Allegedly indirect co-perpetrator of five crimes against humanity (murder, deportation or forcible transfer of population, rape, persecution and other inhumane acts)
Status Charges confirmed but Prosecutor withdrew all charges before trial; no longer part of the case
Uhuru Muigai Kenyatta
Position Deputy Prime Minister and former Minister for Finance of Republic of Kenya
Charges Allegedly indirect co-perpetrator of five crimes against humanity (murder, deportation or forcible transfer of population, rape, persecution and other inhumane acts)
Status Charges confirmed but not detained; awaiting trial
Mohammed Hussein Ali
Position Chief Executive of the Postal Corporation of Kenya
Charges Allegedly indirect co-perpetrator of five crimes against humanity (murder, deportation or forcible transfer of population, rape, persecution and other inhumane acts)
Status Charges not confirmed; no longer part of the case
Summary
All three suspects appeared voluntarily before the Court in response to summonses to appear. Following the confirmation of charges hearing, Pre-Trial Chamber II confirmed the charges against Ruto and Sang but declined to confirm charges against Kosgey. The Prosecutor later withdrew the charges against Muthaura before trial, leaving Kenyatta as the only defendant. The trial against Kenyatta is set to begin on July 9, 2013.
Timeline
December 15, 2010 Prosecutor submits to Pre-Trial Chamber II an application requesting the issuance of summons to appear for Muthaura, Kenyatta and Ali for their alleged responsibility in the commission of crimes against humanity. In supporting his requests, the Prosecutor submits to the Chamber several thousands of pages of documents.
March 8, 2011 Pre-Trial Chamber II issues summons to appear for the three individuals named in the case.
April 8, 2011 The suspects make their initial appearance before the Court.
September 21-October 5, 2011 Pre-Trial Chamber conducts the confirmation of charges hearing.
January 23, 2012 Judges confirm the charges against Muthaura and Kenyatta but decline to do so for Ali due to lack of evidence. The Prosecutor decides not to appeal this decision; the defendants do so.
March 29, 2012 ICC Presidency constitutes Trial Chamber V and refers the case to it.
May 24, 2012 Appeals Chamber rejects the defendants' appeals of the confirmation of charges decision, affirming the Court's jurisdiction in the case.
March 3, 2013 Trial Chamber V, granting requests by Kenyatta and Muthaura, provisionally postpones the trial to start on July 9, 2013. It was originally scheduled to begin on April 11.
March 11, 2013 ICC Prosecutor announces the withdrawal of all charges against Muthaura. One of the key witnesses reportedly recanted his testimony, undermining the Prosecutor's evidence and case against Muthaura.
March 18, 2013 Trial Chamber V terminates the proceedings against Muthaura, leaving Kenyatta as the sole defendant in the case.
More Resources
Open Society Justice Initiative's International War Crimes Trials Monitoring project:
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