The government’s attempt to convince the International Criminal Court that it is serious about investigating and punishing election violence suspects failed on Monday.
Efforts to have the cases pending at the ICC brought back home were thrown out, with the judges finding the government’s grounds for claiming to be serious about punishing crimes against humanity unconvincing.
Judges appeared puzzled by the government’s claims to be investigating the cases without providing any proof.
In one case, the government gave the court a letter from the Attorney-General ordering the Commissioner of Police to investigate persons to have masterminded the violence.
However, the letter was written after the government filed the case to have the Ocampo Six tried at home.
Judges, in their ruling, also noted that Kenya is short on measures already taken to punish impunity and long on promises of future action. The judges were categorical that any bid to challenge admissibility of the case must be supported by facts of existing investigations, which the government failed to provide.
The ruling by Pre-Trial Chamber judges now leaves the government with one option— a higher bench chaired by ICC President Judge Song Sang-Hyun to decide the fate.