The International Criminal Court (ICC) announced on Monday that it is closing its investigations into six Kenyan suspects accused of crimes against humanity committed during the 2007-2008 post-election violence.
The decision was made by ICC Deputy Prosecutor Nazhat Shameem Khan after reviewing the available information following the recusal of Chief Prosecutor Karim Khan from the case.
“After assessing all the information available to me at this time, I have decided to conclude the investigation phase in the Situation in Kenya,” Khan stated. “I have reached this decision after considering the specific facts and circumstances of this Situation.”
The six suspects, who included President William Ruto, former President Uhuru Kenyatta, and former minister Henry Kosgey, had their cases either withdrawn or terminated due to a lack of evidence and witness interference.
The ICC, however, emphasized that the cases against Walter Barasa and Philip Bett, who are currently at large and accused of witness tampering, remain ongoing.
The court also clarified that while it will not pursue additional cases against witnesses, it retains the authority to act on information related to witness retaliation.
Barasa and Bett were identified through investigations that revealed their involvement in interfering with witnesses.
President Ruto’s former lawyer, Paul Gicheru, was also accused of witness tampering. Gicheru passed away in September 2022 under unclear circumstances at his residence in Karen, Nairobi County.
His death further complicated the investigations, as he had already appeared before the court to testify.
The ICC’s decision to conclude its investigations in these cases marks a significant development in the long-running legal saga surrounding the 2007-2008 post-election violence in Kenya.
While the cases against the six high-profile suspects have been closed, the court’s focus on witness tampering highlights the importance of protecting those who come forward to provide evidence in sensitive cases.
