National Legislation for Prosecution of International Crimes in Kenya

Abstract

The rapid development of international criminal law and the demand to put an end to the culture of impunity has led to an increase in the prosecution of international crimes. In recent times, while prosecutions have often been carried out by ad hoc tribunals, special courts and the International Criminal Court, some countries have carried out prosecutions through their national courts. In the latter case, the successful prosecution of international crimes will depend on the country's legal framework and judicial capacity to handle such prosecutions. Kenya is a country that is currently grappling with accusations of international crimes, following the alleged offences committed during the violence that followed the 2007 election. This article discusses the Kenyan criminal justice system against the background of implementation of international criminal law in domestic courts, and assesses Kenya's ability to deal with these allegations.