Analysing the impact of the International Criminal Court investigations and prosecutions of Kenya’s serving senior state officials

Abstract

This article examines the impact of the investigations and prosecutions by the International Criminal Court (ICC) of Kenya’s serving senior State officials, namely Uhuru Muigai Kenyatta (President of Kenya) and William Samoei Ruto (Vice President of Kenya). The focus is limited to the impact the investigations and prosecutions have had, at the time of writing in December 2013, on the following four aspects only. First, the article considers the impact investigations and prosecutions have had on domestic legal proceedings in Kenya. Second, it discusses the impact of the investigations and prosecutions on the ICC Prosecutor’s approach to investigations. Third, it analyses the impact of the investigations and prosecutions on the jurisprudence on trial in absentia and amendments to the ICC Rules of Procedure and Evidence. Finally, it examines the impact the investigations and prosecutions have had on cooperation with the ICC by Kenya and the African Union.