In mid April, the South African city of Pretoria hosted a meeting of African and European civil society. Sponsored by the European Union (EU), its objective was to review the status of international criminal justice in Africa and discuss what strategies may be adopted to support further progress in the continent for cases before the International Criminal Court (ICC).

A local justice mechanism, previously rejected by the government and the National Assembly, is suddenly the preferred means for bringing justice in relation to the post election violence that occurred in Kenya in 2007. The announcement by the Prosecutor of the International Criminal Court of the names of individuals against who he has applied or summonses has fueled the demand for such a mechanism and there is now in a serious discussion of its possibilities. While, in principle, a local justice mechanism would desirable and while, eventually, the country must consider the establishment of such a mechanism, there are at least five reasons why it is not possible, for the time being, to put in place a credible local justice mechanism. In the circumstances, there is little chance for now of demonstrating to the ICC that Kenya can meet its complimentary obligations as expected under the Rome Statute.

The ill-fated attempt by President Kibaki to nominate candidates for a number of high constitutional offices has several lessons for the country. The ability to learn those lessons will go a long way towards consolidating the gains that the new constitution promises all of us.

African leaders congregating in Kampala in July for the 15thAfrican Union Summit once again seem to have been out of touch with reality on what the victims of mass atrocities in Africa expect from them. During the Summit part of the agenda was consideration of a request for the establishment of an ICC liaison office in Addis Ababa.