INTERNATIONAL LAW AND JUSTICE; LONG-TERM EFFECTS OF THE ICC CASES AGAINST SIX KENYANS IN PROMOTING JUSTICE IN KENYA

Abstract

This research project was aimed at examining the long-term effects that the two cases against six Kenyans at the ICC have had in promoting justice in Kenya. After the indictment of six Kenyans by the ICC and eventual confirmation of four Kenyans for trial, political leaders turned the ICC case into a political mimic accusing the ICC of bias, prejudice against Africans and as a tool of neo-colonialism. The voice of the victims and ordinary Kenyans was drowned in these shouts by political leaders and the question of whether ICC as a complement of the local courts was overlooked. This research was therefore aimed at getting views of Kenyans, former displaced persons, legal respondents and international relations respondents in a bid to know if the ICC had helped promote justice so far. Through an analysis and study of various relevant documents, the research found out that the Kenyan judicial system had performed far below the expectation. This was due to various factors established mainly shortcoming of the old Kenyan constitution like the lack of independence among judicial officers, and the fact that the Chief Justice and judges of the high court were presidential appointees hence prone to manipulation by the executive. However, the research established that Alternative Dispute Resolution Mechanisms like the Councils of Elders had performed well and won the confidence of many Kenyans. The study confirmed the fact that the ICC had followed due process in indicting the six Kenyans who were accused of bearing the greatest responsibility for the 2007 PEV chaos as enshrined in various articles of the Rome Statute and as reported in views of respondents. The research also established that the ICC judicial process on Kenya has had far-reaching effects on promotion of justice in Kenya and established other areas where the process has had shortcomings like failing to protect victims properly and witnesses and poor legal representation of victims’ interests. At the end, the researcher offered some recommendations to various concern parties like the government of Kenya, the judiciary, the civil societies and the ICC itself which are aimed at ensuring both the accused and the victims receive justice and address the various shortcomings established during the study.