The International Criminal Court has formally closed its investigation into the 2007–2008 post-election violence in Kenya, ending a sprawling 13-year inquiry that once placed some of the country’s most powerful politicians under international scrutiny.
But even as the Court shuts the door on the main case, it is keeping another one open. Two men — accused of interfering with witnesses — remain fugitives, and the ICC says its hunt for them will continue.
A long, fraught legacy
The ICC opened its Kenya investigation in 2010 following the disputed 2007 election, when weeks of bloodshed left more than 1,000 people dead and displaced over half a million. Prosecutors argued the abuses may amount to crimes against humanity, and at the height of the probe, six Kenyans were summoned to The Hague. Charges were eventually withdrawn against all, including a sitting president and deputy president, after the Court cited insufficient evidence and persistent witness interference.
Even as the spotlight faded on the original violence, a parallel crisis emerged: allegations that suspects and their associates had engaged in bribery, intimidation and coercion of witnesses. The ICC launched a separate case targeting those accused of undermining the judicial process itself.
One of the highest-profile figures in that second case was Nairobi lawyer Paul Gicheru, who was accused of coordinating a network that allegedly paid or threatened witnesses to withdraw their testimony. Gicheru surrendered in 2020 and went on trial in 2022, but proceedings terminated abruptly after his death later that year.
Closure, but not closure
In announcing the end of the broader investigation, the ICC said it had conducted a “careful assessment” of all evidence and concluded there was no basis for new prosecutions tied to the original post-election violence. But the prosecutor stressed that efforts will continue to enforce arrest warrants issued against two individuals wanted for offences under Article 70 of the Rome Statute — crimes related to corruptly influencing witnesses.
The decision means the Court will no longer pursue the political or militia-linked figures once considered central suspects in the bloodshed. Instead, its remaining focus lies with those accused of sabotaging the legal process.
What this means for victims and Kenya’s political future
For thousands of survivors, the ICC’s announcement may feel like the final blow after years of delays, collapsed cases and unfulfilled promises of justice. Many hoped that the international system would deliver accountability where domestic mechanisms had failed.
Yet the ICC’s continued pursuit of the two fugitives shows the Court is not entirely stepping away. It signals a narrower but ongoing commitment to safeguarding the integrity of international justice, even as the broader Kenya case winds down.
The timing also arrives as Kenya braces for future elections, with memories of 2007 still shaping political fears. The closure raises new questions about whether Kenyan institutions are prepared to confront political violence or whether the absence of accountability sets the stage for repeating history.
The elusive fugitives
The two men still wanted by the ICC — Walter Osapiri Barasa and Philip Kipkoech Bett — stand accused of corruptly influencing witnesses during the earlier ICC proceedings. Neither is in custody, and both remain outside the reach of The Hague. Their continued evasion underscores how unfinished the Kenyan chapter of the Court’s work remains.
