Kenya

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Kenyan vice-president William Ruto on the first day of his ICC trial in September 2013 (Photo: Flickr/ICC-CPI)
18 April 2016 by Stephanie van den Berg, The Hague (The Netherlands)

Since judges threw out the case against Kenyan vice-president William Ruto and broadcaster Joshua arap Sang at the International Criminal Court (ICC) earlier this month there has been a lot of discussion that the case could somehow provide a script for other defendants on how to evade justice. In the Ruto Sang case the judges by majority agreed there was not enough evidence to continue with the trial but refused to acquit instead vacating the charges, leaving the possibility for the prosecutor to come back to the case if they find additional evidence. The decision to discontinue the case amid prosecution complaints of witness interference, follows the withdrawal of charges against Kenyan president Uhuru Kenyatta in March this year where similar accusations were made [IJT-172-176].

IJT spoke to Dov Jacobs, associate professor at Leiden University and a longstanding ICC observer who also works as a legal consultant before the court, about the ruling and its implications.

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Kenya's TJRC "had no political champions," says Mutuma Ruteere, director of the Centre for Human Rights and Policy Studies in Nairobi (Photo: Flickr/unisgeneva/UN Photo/Jean-Marc Ferré)
04 May 2015 by Abdullahi Boru, Nairobi (Kenya)

Earlier this year Kenyan President Uhuru Kenyatta in his state of the union address not only apologized on behalf of the state for past human rights abuses, but also announced a three-year, 10 billion Kenyan-shilling (96 million-euro) “restorative justice” fund for victims of such atrocities. But critics say much is unclear about the plan and how it will co-exist with reparations processes and procedures envisaged by the now defunct Truth, Justice and Reconciliation Commission (TJRC) [IJT-162].

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Al Jadeed journalist Karma Khayat flanked by defence lawyers at the opening hearing of her contempt trial (Photo: Flickr/STLebanon)
04 May 2015

IJT 181 examines what two contempt cases at the Special Tribunal for Lebanon show about the main in absentia trial seeking to uncover who killed Lebanese ex-premier Rafik Hariri.

Other features:

  • Will Kenya’s restorative justice fund sideline truth commission findings?
  • Will new reparations body in Ivory Coast fulfill promise? 
  • Hopeful to move forward, Bosnian millennials try to unearth war skeletons

News briefs:

  • Netherlands court backs decision not to prosecute Dutchbat soldiers over Srebrenica deaths
  • ​Controversial Libyan Senussi trial to enter final phase
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ICC judges in Germain Katanga and Mathieu Ngudjolo Chui case on a visit to Ituri in January 2012 (Photo: Flickr/ICC-CPI)
11 March 2015 by Tjitske Lingsma, The Hague (The Netherlands)

This is the second in a series of articles delving into the challenges faced by prosecutors at the International Criminal Court. In our last issue [IJT-176], Tjitske Lingsma explored why the ICC seems afflicted by untruthful witnesses. In the third article, we examine the growing importance of technological evidence, like phone records and computer data, to reduce the reliance on witness testimony.

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President Kenyatta and his defence team, with lawyer Steven Kay in first row, at 8 December 2014 status conference (Photo: Flickr/ICC-CPI)
24 February 2015 by Tjitske Lingsma, The Hague (The Netherlands)

This is the first in a series of articles delving into the challenges faced by prosecutors at the International Criminal Court. In our next issue, Tjitske Lingsma focuses on the use of intermediaries in situation countries. In the third article, we examine the growing importance of technological evidence, like phone records and computer data, to reduce the reliance on witness testimony.

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02 February 2011 by Linawati Sidarto

Radio journalist Joshua Arap Sang was the only non-politician among the six Kenyans named by the International Criminal Court in December as the alleged masterminds of the country’s post-election violence. Experts, however, warn against comparisons between Kenya’s Kass FM and Rwanda’s notorious RTLM.

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01 February 2012

Summary and link to PDF of IJT 144.

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25 June 2014 by Abdullahi Boru, Nairobi (Kenya)

One year after its publication in May 2013, Kenya’s Truth, Justice and Reconciliation Commission (TJRC) recommendations remain dead letters. A combination of leadership struggles, political inertia and procedural issues has led many Kenyans to view the commission’s extensive report as yet another exercise in avoidance, designed to lower the political temperature. 

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10 September 2014 by Janet H. Anderson, The Hague (The Netherlands)

For the second time, ICC prosecutor Fatou Bensouda has conceded that she does not have enough evidence to put Kenyan president Uhuru Kenyatta on trial for his alleged role in post-election violence in Kenya in 2007-2008. 

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08 October 2014 by Benjamin Duerr, The Hague (The Netherlands)

Prosecutors at the International Criminal Court (ICC) are struggling to maintain their case against Kenyan vice president William Ruto and his co-accused, radio broadcaster Joshua Sang. As the evidence continues to dribble away, the defence plans to ask for an acquittal halfway through the trial. Both Ruto and Sang are accused of crimes against humanity committed during the post-election violence in Kenya in 2007 and 2008.

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