Abstract
This article adopts social constructivism to examine the relationship between the depiction of the International Criminal Court (ICC) intervention in Kenya and the Jubilee Coalition's electoral victory in Kenya's 2013 elections. The Jubilee Coalition, as a purposive organisation, used ‘social facts’ particularly ‘political persecution’ ‘sovereignty’ and ‘peace-making’ to delegitimise the intervention in order to win the elections. These ‘social facts’ were constructed on the basis of the inherent statutory weaknesses of the ICC related to prosecutorial discretion, jurisdiction and admissibility. The use of these purposively selected ‘social facts’ also negatively constituted the identity of its main political opponent, the Coalition for Reforms and Democracy, and international political actors in the elections. This social construction, therefore, regulated the behaviour of the electorate to vote for the Jubilee Coalition that comprised ethnic-based parties sharing similar social constructs.
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