NAIROBI, Kenya – Chief Justice Martha Koome has affirmed that Kenya’s Judiciary is prepared to play a central role in strengthening international criminal justice in Africa, declaring that domestic courts are ready to confront the gravest crimes under international law.
Delivering her keynote address through Justice Alexander Muteti at the Strathmore Institute for Advanced Studies in International Criminal Justice (SIASIC) Annual Conference in Nairobi, Koome said Kenya has already laid a strong foundation for prosecuting atrocity crimes through the International Crimes Act of 2008 and the 2010 Constitution.
“When the gravest crimes are alleged, our courts and institutions will not look away,” Koome said, outlining judicial priorities such as capacity building, training, inter-agency collaboration, and adoption of technology including e-filing, digital evidence systems, and virtual testimony.
The Chief Justice stressed that victims must remain at the heart of justice, pointing to Kenya’s Witness Protection Agency and the Victim Protection Act as essential safeguards.
She also reiterated Kenya’s commitment to the principle of complementarity—that atrocity crimes should first be tried domestically before referral to international tribunals.
At the regional level, Koome cited Kenya’s engagement with the International Conference on the Great Lakes Region pact, alongside Uganda and South Africa, as examples of how African states can close impunity gaps by empowering local mechanisms.
African Courts Must Lead
Supreme Court Judge Isaac Lenaola, also speaking at the conference, urged African states to confront international criminal justice “with courage,” noting the paradox of Africa’s dominance in the International Criminal Court (ICC) docket while African voices remain underrepresented in shaping the body of law.
“The solution is not abandonment of this body of law, but reinvigorated engagement,” Lenaola said.
He highlighted persistent challenges—including political interference, underfunding, and risks to victims and witnesses—but pointed to Kenya’s Baby Pendo case, being prosecuted under the International Crimes Act, as a landmark step for accountability.
Lessons from the Past
The conference, organised by SIASIC in partnership with the Wayamo Foundation, brought together judges, scholars, and practitioners from across Africa to deliberate on how domestic courts can prosecute atrocity crimes effectively.
Wayamo Director Bettina Ambach urged Kenya and its peers to learn from earlier, stalled efforts to establish an International Crimes Division, stressing the need for renewed political will.
She noted that accountability for international crimes is increasingly shifting to national jurisdictions, supported by peer learning and innovative legal mechanisms across the continent.
Both Koome and Lenaola framed the moment as defining for Africa, arguing that justice for atrocity crimes should not be outsourced but firmly rooted in domestic legal systems.
