Country Report Kenya February 2011

The political scene: The government aims to stop or delay the ICC process

The row over the judiciary is intertwined with the controversy surrounding the government's bid to stop or delay the pending cases against six Kenyans recently named by the chief prosecutor of the International Criminal Court (ICC) as being responsible for post-election violence in 2008 (January 2011, The political scene). The ICC pre-trial chamber has yet to rule on whether the cases will proceed, but the government (at least the PNU side) hopes that judicial reform in Kenya will persuade the ICC that any prosecutions can be carried out locally, not in The Hague. Kenya has won African Union backing for its position and is now lobbying the UN Security Council, but the latest, fierce dispute between the coalition partners about judicial reform greatly weakens Kenya's case. Some parliamentarians are simultaneously pressing for Kenya's formal withdrawal from the ICC but this would damage Kenya's reputation and is unlikely to proceed.

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