ABSTRACT
This chapter discusses how International Criminal Court (ICC) involvement affected the Kenyan peace process, identifying which significant peace process features were not affected by ICC involvement, and understanding how and why the Kenya Dialogue achieved a political solution. It investigates the delegation of discursive authority and the extent to which ICC involvement shaped the meaning and nature of justice. ICC involvement constituted a permissive context for the power-sharing deal, although it neither hindered nor facilitated it. While procedural injustices were remedied through constitutional, electoral and legislative reform, nobody was held to account for organising or perpetrating the post-election violence. This non-implementation derived from internationalisation. The Kenya National Dialogue and Reconciliation process achieved a political settlement because the conflict principals used their agency and authority. The chapter ends with counter-factual analysis, imagining whether a high level of ICC involvement would have affected the Kenyan conflict parties' ability and willingness to transcend their incompatibility.
