ABSTRACT

This chapter investigates the interplay between International Criminal Court (ICC) involvement in Kenya and the country's peace process that ended the post-election violence in 2008, the Kenya National Dialogue and Reconciliation. It describes the ICC involvement during the Preliminary Examination stage. The chapter discusses the leadership with the United Nations, the African Union, the European Union, and others to ensure that the political solution the Kenyan people deserve is achieved. Commission of Inquiry into the Post-Election Violence turned out to provide the major link between the Dialogue and the process of ICC involvement, which had operated relatively independently of each other during the Negotiation phase. The ICC's preliminary examination lasted a bit more than two years. The government and parliament used considerable political and financial capital to postpone or eliminate the ICC cases. On 4 March 2013, Kenya held the first general elections since the 2008 crisis. Yet the ICC intervention affected the peace process, particularly during the Implementation phase.