ICC Closes Case Against President William Ruto

The International Criminal Court (ICC) has announced that it has decided to conclude the investigation phase into cases where six suspects were accused of crimes against humanity in the 2007 post-general election violence, one of them being President William Ruto.

In a statement on Monday, November 27, ICC Deputy Prosecutor, Nazhat Shameem Khan stated that she had reached the decision to terminate the case after assessing the information availed to her.

"After assessing all the information available to me at this time, I have decided to conclude the investigation phase in the Situation in Kenya. I have reached this decision after considering the specific facts and circumstances of this situation," she stated.

On March 31, 2010, ICC's Pre-Trial Chamber II granted the request of the Office of the Prosecutor to open an investigation proprio motu in the Situation in the Republic of Kenya (“Situation in Kenya”), in relation to alleged crimes against humanity committed in the context of post-election violence in Kenya in 2007 and 2008.

The Office’s investigation led to charges against six suspects in two separate cases, and the suspects included Ruto alongside Uhuru Kenyatta, Joshua Arap Sang, Henry Kosgey, Mohammed Hussein Ali, and Francis Muthaura. 

However, all charges against these six suspects were either not confirmed or withdrawn or terminated without prejudice.

Following the termination of the cases, the Office initiated an investigation into offences under Article 70 of the Rome Statute, which led to arrest warrants against three suspects accused of witness-tampering.

They included Walter Barasa, Paul Gicheru and Philip Kipkoech Bett. However, Gicheru's death had complicated the new investigations but insisted that the two remaining suspects had a case to answer.

"After receiving official confirmation of the death of Mr Gicheru, the Trial Chamber terminated the proceedings. Mr Barasa and Mr Bett remain at large," added the statement.

"Accordingly, the Office will not pursue additional cases into the alleged criminal responsibility of other persons. The Office maintains its capacity to act on information relating to retaliation against witnesses. In this regard, the cases against Mr Barasa and Mr Bett for offences against the administration of justice remain before the Court."

Shameem Khan revealed that she has since informed the relevant authorities of the Republic of Kenya of her decision, adding that ICC would continue working with Kenya in relation to the two pending cases.

In parallel, the Office will continue to engage with Kenyan authorities, civil society organisations and relevant domestic actors to enhance cooperation and to identify common synergies between the Office and domestic actors.

On Monday, August 7, ICC prosecutor Karim Khan on Monday, August 7 recused himself from all Kenyan cases at The Hague-based court.

His office communicated his decision a day after his visit to Kenya elicited mixed reactions with Azimio la Umoja - One Kenya coalition co-principal Martha Karua questioning the timing of the visit.

ICC Prosecutor Karim Khan at Mt Kenya University where he received an honorary degree on August 4, 2023. /TWITTER