| dc.description.abstract | This paper interrogates Kenya's attempt to implement international criminal law with specific reference to the 2007/8 post- election crisis. I As a direct response to this crisis, Kenya has reached out to international criminal justice in a bid to find a solution, The country has legislated several laws that attempt to capture the concept of international criminal justice. These include; The International Crimes Act 2008,2 the Witness Protection (Amendment) Act 20103, the Mutual Legal Assistance Act 2010,4 Prevention of Organized Crimes Act 20 105 and perhaps the most significant of them all, the enactment of the new Constitution of Kenya in 2010.6 This paper examines the extent to which these legislation go to embrace and entrench the concept of international criminal justice into the Kenyan justice system. In this interrogation, the paper examines the degree and pattern of the post election violence against the threshold set by the Rome Statute7 so as to justify the intervention by the International Criminal Court (hereinafter ICC), in the Kenyan situation. The paper further examines the various institutional options Kenya has in responding to the atrocities of the 2007/8 post election violence on the basis of the above legislation to ensure justice for the victims. These include; the purely international option i.e. prosecutions at International Criminal Court the purely domestic option i.e. local courts, and the special tribunal option i.e. a hybrid tribunal. To address these concerns, the paper discusses the development of international criminal justice, its scope and efficacy. | |
