Kenyan Government versus International Criminal Court

In the recent days questions have arisen over the government's committment to cooperate withthe International Criminal Court (ICC). Victims of Human Rights Violations that occured after the 2007 general elections are keenly waiting for justice.

However it is not clear, at least for me, Kenya's policy as the ICC continues with investigations. Do we seek restorative, retrubutive or deterence justice? Do we seek a combination of the three aims of the criminal justice system.

Parliament enacted the International Crimes Act, 2008 (domesticating the Rome Statute on the ICC). Section 3 states that the act is binding on the government. Section 4(1) states the provisions of the Rome Statute specified in subsection (2) shall have the force of law in Kenya in relation to the following matters -

1.  the making of requests by the ICC to Kenya for assistance and the method of dealing with those requests;
2.  the conduct of an investigation by the Prosecutor or the ICC;
3. the bringing and determination of proceedings before the ICC;
4.  the enforcement in Kenya of sentences of imprisonment or other measures imposed by the ICC, and any related matters;
5. the making of requests by Kenya to the ICC for assistance and the method of dealing with those requests.

It is clear that as a people we delegated the exercise of our sovereign power to Parliament. Parliament then enacted legislation binding the government to cooperate with the ICC. It is therefore not a matter of guarding our sovereignty, we have already given it up. That is why i emphasize that African states must be carefull never to sign international instruments as a means of appealing to other interests. Before signing international conventions we must consult the people, africans will increasingly be frustrated with their own elected representatives.

The government failed to establish a special tribunal to try post-election related crimes. The Cionstitution of Kenya (Ammendment Bill) 2008, the Constitution of Kenya (Ammendment Bill) 2009 and the Special Tribunal for Kenya Statute, 2009 were defeated at the floor of the house.

Since the victims deserve justice the ICC process must continue albeit with challenges.