ICC Shuts Down Probe, Grants Reprieve to Ruto

The International Criminal Court (ICC) has declared the conclusion of investigations into the post-election violence that occurred in Kenya in 2007.

ICC Deputy Prosecutor Nazhat Shameem Khan has declared that her office will not proceed with any additional cases concerning the alleged offences. This declaration could bring solace to previous prime suspects, such as President William Ruto and his predecessor Uhuru Kenyatta whose cases were either dropped or dismissed without prejudice. By dismissing cases without bias, ICC judges had kept the door open for the Office of the Prosecutor to reestablish charges against the accused if fresh evidence were to surface at a later date.

In her statement, Ms Khan emphasizes that the ongoing trial in Kenya will focus only on the cases of Walter Barasa and Philip Kipkoech Bett. These two individuals are wanted by The Hague and face charges of witness tampering. She also confirms that the Kenyan government has been informed of this decision. The ICC had previously brought six suspects before it in 2010 in relation to the post-election violence that occurred following Mwai Kibaki's victory in the 2007 polls over Raila Odinga's ODM party.

More than 1,000 individuals lost their lives and numerous others were forced to flee or suffered injuries as a result of these violent clashes. In addition to that, there were several other suspects, including Francis Muthaura, who previously held a position in the civil service, former police chief Hussein Ali, former minister Henry Kosgey and former radio presenter Joshua Sang. On the other hand, Mr Barasa, Mr Bett, and the late Paul Gicheru were being sought for their alleged involvement in hindering the course of justice in the case against Dr Ruto. Mr Gicheru voluntarily surrendered to the International Criminal Court (ICC) in November 2020, but his case was closed after his unexpected passing in September 2022.

ICC Prosecutor Karim Khan recused himself from all Kenyan cases to avoid any conflict of interest, as he had previously been Dr Ruto's main legal representative at the ICC. The cases against Dr Ruto and Mr Sang were the final ones among the infamous 'Ocampo Six' to be terminated in April 2016. Their request for the court to declare a 'no case to answer' was granted by Presiding Judge Chile Eboe-Osuji and Judge Robert Fremr, although Judge Olga Herrera Carbuccia dissented.