SITUATION IN KENYA
Natália Hangáčová
Farhod Asrolov
Gloria Villalonga
REPUBLIC OF KENYA
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Location: East African country which borders Ethiopia to the North, Somalia to the East, Tanzania to
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Population: The land area is 580,000 km2 and it has a population of 39 million people from many
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Name: The country's name is due to Mount Kenya, the second highest mountain in Africa.
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Distribution: Kenya has 47 districts, each with a semi-autonomous government on the central
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Multiparty republic
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Religion
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1963: Independence
the South, Uganda to the West and Sudan South Northwest.
cultures and backgrounds.
government in Nairobi.
WHAT HAPPENED AND WHEN?
• Post-election violence
• 2007-2008 Kenya crisis was followed with
presidential elections (27.12.2007)
• Electoral fraud occurred
THE CRUX OF THE PROBLEM WAS:
• President Mwai Kibaki was re-elected into
the function and people rejected the results
of elections
• There were 6 suspects called - Ocampo six
• Pre-trial chamber confirmed charges against Kenyatta,
Ruto and Sang
• Pre-trial chamber declined to confirm charges against Ali,
Kosgey and Muthaura
• Kenyatta was released because of lack of evidence
required for the trial to begin
• That is why on ICC webpage there are only 2 names
stated
• RUTO
• SANG
BACK TO ELECTIONS:
• Pre-election survey
• Leading candidates
• The President - Mwai Kibaki
• Party of National Unity
• Raila Odinga
• Orange Democratic Movement
• Indications showed that Odinga was likely to
win the elections..
• ..However..
• According to results of Electoral Commission
of Kenya:
• Kibaki won the election, was re-elected and
became President
After the Electoral Commission's
announcement
 Odinga rejected the results
 because of the obvious electoral fraud
 This was the beginning of the violence …
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Violence was mainly perpetrated along
tribals: Kibaki (President) was part of the
Kikuyu tribe,(largest) whereas Odinga was
part of Luo tribe
• During the post-election violence:
• 1,200 people died and more than 500,000 were
displaced from their homes
• A peace was agreed between Kibaki and Odinga by
mediation made by former United Nations SecretaryGeneral : Kofi Annan
• The deal was as follows:
• Kibaki will remain President
• Odinga will take an office of the Prime Minister (which
was newly created)
FOR THE FIRST TIME
• The International Criminal Court's prosecutor may
open a formal investigation in one of 3
circumstances:
• when a situation is referred by the State party or a
State which is not a party to the Rome Statute, if
concerning crimes committed within the states
territory or by one of it’s nationals
• when the situation is referred to ICC by the UN
Security Council
• under his own volition with authorisation from a PreTrial Chamber
INTERNATIONAL CRIMINAL COURT DOCUMENT CALLED
UNDERSTANDING INTERNATIONAL CRIMINAL COURT
Article 15
Prosecutor:
1. The Prosecutor may initiate investigations
proprio motu on the basis of information on
crimes within the jurisdiction of the Court.
Statute of International Criminal Court
Proprio motu
• 6. November 2009
The ICC Presidency assigned the situation in Kenya to
PreTrial Chamber
• 26. November
The prosecutor made an application for authorisation to
open a formal investigation
• 31. March 2010
Pre-trial chamber granted authorisation
• The judges of Pre-trial chamber: Trendafilova, Kaul
and Tarfusser noted:
…Article 15 of the Rome Statute allows the
Prosecutor to investigate upon his own volition, but
this case was for the first time Prosecutor decided
investigate manner on his own volition…
DIFFERENT OPINION
• Judge Kaul had a different opinion
• judgment was passed by a 2–1 majority
• In his opinion he wrote: In essence, the main reason
for this position is the following:
“..both, my interpretation of article 7(2) (a) of the
[Rome] Statute, which sets out the legal definition of
"attack directed against any civilian population" as
constitutive contextual element of crimes against
humanity, and my examination of the Prosecutor's
Request and supporting material, including the
victims' representations, have led me to conclude
that the acts which occurred on the territory of the
Republic of Kenya do not qualify as crimes against
humanity falling under the jurisdictional ambit of the
Court.”
BACKGROUND ON THE TRIALS BEFORE THE ICC
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On 8 March 2013, the ICC announced that the trial of Uhuru
Kenyatta would commence on 9 July 2013 and that the trial
for Ruto and Sang would begin in late-May of 2013.
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These trial dates were further delayed that the proceedings
for Ruto and Sang would be pushed back to 10 September
2013.
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The Court announced on 20 June 2013 that the trial of
Kenyatta would be pushed back to 12 November 2013.
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Ruto , Sang and Kenyatta filed motions against the requirement to
participate in proceedings in person at The Hague.
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On 18 June, the judges granted Ruto permission to participate inabsentia for the trial and advised that it be partially held in Tanzania and
Kenya; however, Chief Prosecutor Fatou Bensouda appealed this
decision on 24 June 2013.
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On 2 May 2013, Kenya’s UN ambassador sent an official letter to the
Security Council calling for the UNSC to not only defer the case, but to
terminate it altogether, arguing that it posed a threat to international
peace and security.
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UNSC is able to defer ICC cases for up to 12 months in accordance
with Article 16 of the Rome Statute, the UNSC does not have the
authority to terminate cases on behalf of the Court.
Confirmation of Charges Hearings
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The hearing in the case of Ruto and Sang took place in The Hague
between 1 and 8 September 2011.
William Ruto
 The prosecutor claims that the defendant formed an organization with
other Kalenjin people as early as 2006 with the stated purpose of
removing members of the Kikuyu, Kamba and Kisii ethnic groups from
the Rift Valley region of Kenya to create a large pro-ODM power base in
that region. To force these communities to relocate, the group planned
to inflict fear and destroy homes and property until the victims left the
region.
 15 April 2007 a ceremony took place at a milk plant in Molo where
members of the network swore an oath of allegiance.
 Next meeting took place on 22 December 2007 at Ruto's house and
that guns and money were distributed to the each participants.
NETWORK MEMBERS
1) TRIBAL ELDERS
3) MEDIA
2) POLITICAL
4) MILITARY
5) FINANCIAL
Joshua Arap Sang
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At the time of the election he was the presenter of a radio programe
on the Kalenjin language station KASS FM was accused of using his
broadcasts to spread the implementation of the common plan by:
placing his show at the disposal of the organization, fanning
violence by spreading hate messages and broadcasting false news
regarding alleged murder of Kalenjin people in order to inflame the
violent atmosphere.
Kenyatta
 He was the mediator between the Party of National Unity (PNU) and
the Mungiki and organized a series of meetings from November 2007
, other government officials, businessmen and Mungiki
leaders. Kenyatta was accused of providing funding, uniforms and
weapons to Mungiki and pro-PNU youth to carry out their attacks.
CONFIRMATION OF CHARGES
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The outcomes of the confirmation of charges hearings were
announced on 23 January 2012.
Despite the ICC regulations requiring the Pre-Trial Chamber to
normally issue a verdict on confirmation of charges within
sixty days of the hearings taking place
The chamber issued a ruling on 26 October 2011 to vary this
time limit to allow both the results in both cases to be
announced simultaneously.
The chamber ruled by majority to confirm all of the charges
against William Ruto and Joshua Arap Sang, to confirm all of
the charges with the exception of "other forms of sexual
violence" against Uhuru Kenyatta
PERPETRATORS
https://www.youtube.com/watch?v=7PIZ1q0ttqM
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2013: Two court rooms of the ICC were created. The President
assigned the case Ruto/Sang to Trial Chamber V (a) and Kenyatta
case to the Trial Chamber V (b).
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In 2013 , Kenya is divided into 47 counties.
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2012-2014: Actions of Islamist militias in the North were increased
supported from Somalia, among others by the Al-Shabaab militia in
protest against the Kenyan intervention in Somalia. The most
serious incident was the bloodiest assault on Westgate mall affect
the capital Nairobi on September 22, 2013.
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2014: Kenyan security forces conducted several abusive
counterterrorism operations in Nairobi, on the coast, and in North
Eastern region following attacks and intercommunal clashes. The
operations largely targeted ethnic Somali and Muslim communities.
2010 CONSTITUTION
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2010 Constitution of Kenya, currently in force, replaced the 1969 Constitution.
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The new Constitution was approved by 67% of Kenyan voters.
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The key changes proposed by the new constitution:
- Separation of Powers between the three arms of government:
- The Executive: who holds executive authority and the
qualifications.
- The Legislature: the composition, and representation of
the people. An introduction of an upper house, the Senate.
- The Judiciary: qualifications to hold office and appointment.
- Only two levels of Government: National and Counties.
- Citizenship: among other issues, gender discrimination was
ended, and citizens who acquire foreign citizenship will not lose
their Kenyan citizenship.
SOMALIA AND KENYA
Relations between Kenya and Somalia have never been very good. In fact, their
enmity was hatched as in colonial times, due to the interests of Europeans in
the area.
Kenya's problems continued to worsen, especially, following the emergence of
the terrorist group Al-Shabab (Mujahideen Youth Movement) in 2007, whose
main objective is to impose an Islamic state in the Horn of Africa.
Al Shabab is an extremist group that has been linked to Al Qaeda. It is based in
Somalia and is listed as a terrorist group by the United States since 2008 .
AL-SHABAB
Aim: To turn Somalia into an ally of the Islamic State and take complete
control to expand throughout Africa and beyond
Mission: To kill all those who profess a different religion.
2nd April 2015: in Kenya, the group attempted at a university, leaving a
total of 152 dead people , plus 4 of the terrorists who participated in the
slaughter .
Muslims were released and Christians were assassinated by gunshots
and decapitation.
It is the largest Islamist attack in Kenya.
The international community is responding with a UN mission, led by the
United States, the Restore Hope operation , which was a failure, after the
killing of several American soldiers , it was a shock to the American
public.
HUMAN RIGHTS
About membership in the seven bodies of the International Bill of Human Rights
, including the Human Rights Committee, Kenya has signed or ratified :