Why ICC Cases Won’t Disappear From Kenya’s Political Landscape

 

The lingering International Criminal Court (ICC) cases tied to Kenya’s 2007-2008 post-election violence remain a stubborn issue. Despite attempts to lay them to rest, these cases refuse to "board the plane" and vanish from public discourse. Here's an exploration of why the ICC cases persist and their far-reaching implications.

Compelling Reasons for the ICC’s Continued Relevance

1. Unresolved Historical Issues

The root causes of the 2007 post-election violence remain unresolved. Thousands of displaced people have yet to return to their ancestral lands, and systemic electoral injustices persist. The stolen elections that sparked the crisis still echo in Kenya’s flawed electoral processes. Until these issues are adequately addressed, it is unlikely that the ICC cases will fade away.

2. Ongoing Submission of Evidence

ICC prosecutors have stated that they continue to receive new evidence and witness accounts related to the clashes. Many witnesses, relocated under the ICC’s Witness Protection Program, remain outside Kenya. These individuals, often victims themselves, are unlikely to forget their trauma. Their ongoing bitterness and quest for justice drive their willingness to assist in keeping these cases alive.

3. Institutional Reputation of the ICC

The ICC’s failure to secure convictions in the Kenyan cases was perceived as a significant blow to its credibility. For an institution dedicated to international justice, unresolved cases threaten its legitimacy. Prosecutors and officials cannot afford to let these cases fade without risking their professional reputations. Thus, the ICC remains invested in seeing justice served, should new evidence justify reopening the cases.

4. Kenya’s Political Shifts and Changing Dynamics

The role of tribe in Kenyan politics is diminishing, with voters increasingly focused on issues rather than ethnic allegiance. Corruption, transparency, and unresolved justice for past violence, including the ICC cases, are becoming key political talking points. As the country edges toward more issue-based elections, the ICC cases are likely to resurface as campaign issues, especially for candidates tied to past electoral violence.

The Role of Key Figures in ICC Revival

The election of Chile Eboe-Osuji as the ICC’s president in 2018 marked a significant shift. Having served in East Africa during the International Criminal Tribunal for Rwanda, Eboe-Osuji is deeply familiar with Kenya’s political and social dynamics. His insights into the local context could influence ICC decisions, making it harder for political or legal teams to exploit international courts’ unfamiliarity with Kenyan realities.

A Broader Perspective: Divine Justice?

Some observers attribute the revival of ICC cases to higher powers. For instance, the impassioned plea by the widow of slain IEBC official Chris Msando during his funeral resonated widely. Quoting scripture, she declared that those responsible for her husband’s death would not find peace. Many see this as a turning point, where the cry for justice transcended earthly courts and moved into the divine realm.

Conclusion: The ICC Cases as a Political Time Bomb

The unresolved ICC cases are a political and legal powder keg. Even if no prosecutions occur, the mere existence of these cases is enough to influence political narratives and public perception. Candidates with ties to the 2007 violence or the ICC investigations will face scrutiny.

As Kenya prepares for future elections, the demand for justice—whether through courts or divine intervention—will remain a central theme. The ICC cases symbolize the nation’s struggle with its past, and until those wounds are healed, they will continue to loom over Kenya's political landscape.