Champions of international accountability join with the survivors of human rights violations in Kenya to announce the premature death of justice for crimes perpetrated in the aftermath of the 2007 elections. Following the final death throes of the cases at the International Criminal Court (ICC) against William Ruto and Joshua Arap Sang, and in light of political apathy towards accountability for the 2007/08 post-election violence in Kenya, justice for those atrocities has tragically been laid to rest. The cause of death was announced as an insurmountable case of poor planning at the ICC, political apathy among powerful actors in Kenya, and diplomatic indifference amidst the international community.
Justice in Kenya led a tumultuous life. It was inspirational but flawed. It promised an end to impunity for serious violations of human rights in a country that has been riddled by periodic inter-ethnic violence. It brought together formerly conflicting segments of society. Some believe that, while its life-long mission of accountability was foiled, it helped deter political violence during the 2013 elections.
The life of justice in Kenya was cut short. But its time was not without controversy. Significant resources were spent on its achievement and, sadly, much more to frustrate its potential. It inspired debate and its fair share of disagreements. There was always more dissension than agreement among those concerned as to the most appropriate treatment necessary to achieve its mission of accountability for victims and survivors.
Justice in Kenya had many friends and supporters throughout the years, but when its back was against the wall and it became inconvenient to push for accountability, few of the actors on which justice depended, including friendly governments around the world, were willing to back its life goal of accountability for post-election violence. And despite its best efforts, as well as those of civil society match-makers, justice in Kenya regretfully could never find a suitable and committed life partner to fully support its ambitions.
Justice in Kenya’s untimely passing followed years poor health. In 2010, the International Criminal Court intervened in the name of justice in Kenya thus raising expectations that a cure to the scourge of impunity had finally been found. At the time, local authorities made clear that they would not investigate or prosecute those responsible for crimes relating to post-election violence themselves. The relevant actors seemed unified around the ICC treatment. Many, including Ruto himself, exclaimed: “Don’t be vague, go to The Hague!” Continue reading










