The International Criminal Court (ICC) has closed investigations into the 2007/08 post-election violence.
In a statement, ICC Deputy Prosecutor Nazhat Shameem Khan said that the court will not pursue additional cases into the alleged criminal responsibility of other persons.
However, the cases against two Kenyans, Walter Barasa and Philip Kipkoech Bett, accused of witness retaliation, will continue.
“After assessing all the information available to me at this time, I have decided to conclude the investigation phase in the Situation in Kenya. I have reached this decision 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. In this regard, the cases against Mr (Walter) Barasa and Mr (Philip) Bett for offences against the administration of justice remain before the Court,” Khan said.
“I have informed the relevant authorities of the Republic of Kenya of this decision.”
This comes well over a year after the death of lawyer Paul Gicheru, who died after surrendering to the ICC to face charges of witness retaliation.
“Our work in the Situation in Kenya will continue in relation to the two pending cases. In parallel, the Office will continue to engage with Kenyan authorities, civil society organisations and relevant domestic actors to enhance cooperation and to identify common synergies between the Office and domestic actors,” Khan added.
ICC case against Gicheru
Gicheru died in September 2022 months after he surrendered to Dutch authorities in the Hague, Netherlands, on November 2, 2020, five years after the ICC issued an arrest warrant against him.
He was facing trial after the court confirmed six charges against him in July 2021.
Pre-Trial Chamber A, composed of Judge Sophie Alapini-Gansou, stated that the prosecution had sufficient evidence that Gicheru tampered with prosecution witnesses through bribery and corruption in the failed case against President William Ruto and radio journalist Joshua Arap Sang.
Ruto and Sang were charged with instigating violence after a disputed 2007 election when at least 1,200 people lost their lives and 600,000 others were displaced.
The case against the two was vacated in 2016 for lack of sufficient evidence.
