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Kenya's Search for Justice as the World Commemorates the International Justice Day

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On 17th July 2011 the world will be celebrating International Justice Day, this a day set aside in remembrance of the historic day the Rome Statute was adopted at the Rome Diplomatic Conference in Rome, Italy.

Kenyans too have a reason to celebrate because they actively participated in the realization of the Rome Statute and the subsequent establishment of the International Criminal Court the first ever permanent international criminal court to be established. But on 17th July Kenyans will even have a greater reason to celebrate because this international institution charged with the mandate of ensuring that serious atrocities committed anywhere in the world would not go unpunished has actually had direct implication in its territory.

Six individuals considered to bear the greatest responsibility in the commission of crimes against humanity in Kenya after the 2007 general elections which left over 1,300 dead and 300,000 displaced from their homes, are now before the Court. The six suspects are facing charges of crimes against humanity; murder, persecution, forcible transfer of population, rape and other inhumane acts.

Many in Kenya have viewed the ICC as the only avenue for effective prosecution of senior persons in government who fuelled the post election violence in absence of domestic remedies. The heinous atrocities committed against innocent civilians during the post election violence period cannot be allowed to go unpunished. For victims of grave crimes to be denied justice is to glorify impunity in a country that recognizes social justice for all as a fundamental requirement in its Constitution and other international instruments it has signed up to. The intervention of the ICC aims to concretize the fact that human rights must be respected and that states, through their laws and institutions have an obligation to protect citizens from gross violations.

But the cry for justice requires a more holistic accountability and many victims continue to yearn for the day that meaningful prosecutions will be undertaken in Kenya. Prosecutions that will ensure all the perpetrators of the post election violence are brought to account. The jury is still out for the government of Kenya to prove itself with respect to domestic prosecutions as the ICC has played its part.

The call for justice is a call premised on the need to bring to an end a culture of impunity, give closure to victims affected by unimaginable crimes, and act as deterrence to those who threaten the peace and security of this nation in future. As we celebrate International Justice Day we place the call for justice for post election violence before the government of Kenya.

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