James Gondi of @InformAction_KE on Kenya's journey to ICD
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Following Kenya’s disputed presidential elections in 2007, violence broke out around the country. This dark period of the country’s history, now commonly referred to as the post-election violence (PEV), resulted in the death of at least 1,133 Kenyans, the displacement of over 350,000 others, sexual violence, arson, maiming, looting and the destruction of property worth millions of shillings.

The search for justice for victims of post-election violence began with the establishment of a Commission of Inquiry on Post-election Violence (CIPEV), mandated to investigate the facts and circumstances surrounding the violence and the conduct of state security agencies in handling it and to make recommendations on these matters.

CIPEV recommended the creation of a Special Tribunal for Kenya with Kenyan and international judges to sit in Kenya to try perpetrators of the violence. It set specific timelines during which the tribunal should be created and operationalised, failing which it recommended that Kofi Annan, who chaired Kenya’s mediation process, hand over an envelope containing a secret list of alleged perpetrators to the International Criminal Court (ICC) Prosecutor. Despite three separate attempts, the government failed to form the tribunal, causing the ICC to intervene.

On 31 March 2010, the ICC Pre-Trial Chamber II authorised the Prosecutor to open investigations into the Kenya situation.4 The Prosecutor subsequently issued summons to appear against six high profile Kenyans and, after confirmation hearings held in late 2011, the cases against four of the suspects, namely Uhuru Kenyatta, William Ruto, Francis Muthaura and Joshua Sang, were confirmed. The charges against Francis Muthaura were dropped by the Prosecutor, citing the admission by a critical witness that he had lied in his statement. The trial of Joshua Sang and William Ruto, the latter now Deputy President of Kenya, opened on 10 September 2013 and is ongoing, while, after several adjournments, that of Uhuru Kenyatta, now President of Kenya, is scheduled to open in October 2014. http://www.jfjustice.net/briefing-paper-a-real-option-for-justice-the-international-crimes-division-of-the-high-court-of-kenya/

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