THE HAGUE, Netherlands – The International Criminal Court has officially closed its 13-year investigation into Kenya’s 2007–2008 post-election violence, drawing a line under one of the most scrutinised international justice efforts involving a sitting head of state.
In a report to the Assembly of States Parties, the Office of the Prosecutor said it “concluded the investigation in this situation” on November 27, 2023, signalling the end of all active ICC inquiries linked to the bloodshed that left more than 1,200 people dead and displaced over half a million.
Despite ending the probe, the Court said it is not entirely disengaging from the Kenya situation, noting that two arrest warrants remain outstanding for Kenyan nationals Walter Barasa and Philip Kipkoech Bett, both accused of attempting to corruptly influence witnesses.
“They are the subject of warrants of arrest for alleged offences against the administration of justice,” the report states, adding that current activities are limited to monitoring developments and tracking the fugitives.
Collapsed Cases and a Pattern of Witness Tampering
The ICC’s Kenya cases once involved six high-profile suspects: current President William Ruto, former President Uhuru Kenyatta, former minister Henry Kosgey, ex-Head of Public Service Francis Muthaura, former Police Commissioner Mohammed Hussein Ali, and journalist Joshua Arap Sang. All denied charges of crimes against humanity.
Between 2013 and 2016, the cases collapsed amid insufficient evidence, recanted testimonies, and what judges described as an “intolerable” level of political interference.
Deputy Prosecutor Nazhat Shameem Khan said the breakdown resulted from “systematic failures of evidence,” much of it linked to witness intimidation and manipulation.
The charges against Kenyatta were dropped in 2014, followed by the collapse of Sang’s case.
In 2016, the Court terminated the case against President Ruto, ruling that the remaining evidence was too weak to sustain a prosecution.
Victims Left Without Closure
For thousands of survivors, the closure brings back painful questions over accountability, compensation and truth-seeking.
More than 500,000 people were displaced and entire communities were torn apart in clashes driven by political and ethnic tensions. Yet no ICC convictions were ever secured.
Human rights groups say the collapse of the cases leaves “unfinished business,” with victims still waiting for reparations and a full account of responsibility.
ICC Maintains Engagement Through New Global Guidelines
Although the investigation is over, the ICC says it continues collaborating with global civil society actors.
In 2025, organisations around the world used the Guidelines for Documenting International Crimes and Human Rights Violations, developed by the Prosecutor’s Office and Eurojust in 2022, to improve evidence collection for future national and international cases.
The guidelines are part of a broader effort to strengthen accountability mechanisms, even when international prosecutions stall.
