International Justice Monitor

A project of the Open Society Justice Initiative

Timeline

December 27, 2007

General elections take place in Kenya.

December 30, 2007

Incumbent President Mwai Kibaki of the PNU is declared the winner of the general elections, though his ‘victory’ over opposition candidate Raila Odinga of the ODM amidst allegations of election fraud on both sides triggering outbreaks of violence.

February 5, 2008

The International Criminal Court Prosecutor says his office has begun a preliminary examination of the post-election violence in Kenya.

February 28, 2008

A mediation team, led by former UN Secretary-General Kofi Annan, oversees the signing of a power-sharing agreement called the National Accord and Reconciliation Act, which establishes a coalition government with Kibaki as president and Odinga as prime minister. It also set up the Commission of Inquiry on Post-Election Violence (CIPEV), which later became known as the Waki Commission after its chair, Judge Philip Waki.

October 15, 2008

The Waki Commission submits its report and recommendations to the government of Kenya; recommendations include the establishment of a special tribunal of national and international judges to investigate and prosecute perpetrators of the post-election violence. The report also states that if the tribunal is not set up within six months, information collected by the Waki Commission will be passed to the ICC, including a sealed envelope of names of those suspected to be most responsible for the violence.

February 12, 2009

The Kenyan parliament votes against the establishment of the proposed tribunal made up of Kenyan and international judges to address the post-election violence.

July 3, 2009

Three Kenyan Cabinet ministers sign an agreement with the ICC committing Kenya to establish a credible and independent tribunal to try perpetrators of post-election violence by August.

July 16, 2009

The Prosecutor is sent six boxes containing documents and supporting materials compiled by the Waki Commission during its investigations. The documentation includes a sealed envelope that contains a list of suspects identified by the Waki Commission as those most responsible for the violence.

November 9, 2009

Parliament begins debate on another constitutional amendment to form a local tribunal. To date that debate has not concluded.

November 26, 2009

ICC Prosecutor Luis Moreno-Ocampo files a request seeking authorization from Pre-Trial Chamber II to open an investigation in relation to the crimes allegedly committed during the 2007-2008 post-election violence in Kenya.

March 31, 2010

Pre-Trial Chamber II issues its majority decision (2-1) that there is a reasonable basis to proceed with an investigation into the situation in Kenya in relation to crimes against humanity within the jurisdiction of the Court committed between June 1, 2005 and November 26, 2009.

December 15, 2010

The ICC Prosecutor requests the issuance of ‘summonses to appear’ for six people in the court’s Kenya investigation – William Samoei Ruto, Henry Kiprono Kosgey, Joshua arap Sang (case one) and Francis Kirimi Muthaura, Uhuru Muigai Kenyatta, and Mohamed Hussein Ali (case two) – for their alleged responsibility in the commission of crimes against humanity.

March 8, 2011

Pre-Trial Chamber II issues the summonses to appear for the aforementioned six individuals, as it finds reasonable grounds to believe that they committed the crimes alleged by the Prosecutor.

March 31, 2011

Kenyan government files an application challenging the ICC’s jurisdiction over the cases.

April 7, 2011

The first three defendants (Ruto, Kosgey, and Sang) make their initial appearance before the Court in The Hague.

April 8, 2011

The second three defendants (Muthaura, Kenyatta, and Ali) make their initial appearance before the Court in The Hague.

September 1, 2011

Confirmation of charges hearing begins for the first three defendants (Ruto, Kosgey, and Sang).

September 8, 2011

Confirmation of charges hearing concludes for the first three defendants.

September 21, 2011

Confirmation of charges hearing begins for the second three defendants (Muthaura, Kenyatta, and Ali).

October 5, 2011

Confirmation of charges hearing concludes for the second three defendants.

November 25, 2011

Twenty-five individuals and three organizations file a petition asking the High Court of Kenya to find the government failed to protect them when they were displaced from their homes during the post-election violence of December 2007 to February 2008.

January 23, 2012

Pre-Trial Chamber II confirms charges against Ruto, Sang, Muthaura, and Kenyatta. Charges against Ali and Kosgey are rejected.

January 26, 2012

Uhuru Kenyatta resigns as Finance Minister, and Francis Muthaura resigns as Head of Civil Service. Kenyatta keeps his post as Deputy Prime Minister.

December 4 , 2012

Kenyatta and William Ruto, who formerly belonged to a competing political party, form an alliance in advance of the March 2013 presidential election. Kenyatta runs as the presidential candidate with Ruto as his running mate.

December 18, 2012

The first witness for the petitioners testifies in the internally displaced persons (IDP) case before the High Court of Kenya.

February 13, 2013

Fifteen individuals and four non-governmental organizations file a petition asking the High Court of Kenya to find the police unlawfully injured them during the post-election violence of December 2007 to February 2008.

February 20, 2013

Eight individuals together with four non-governmental organizations file a petition asking the High Court of Kenya to find the government failed to protect them from sexual and gender-based violence (SGBV) during the post-election violence of December 2007 to February 2008.

March 4, 2013

The presidential election is held in Kenya.

March 11, 2013

The Office of the Prosecutor drops all charges against Francis Muthaura after a key witness recanted his statements linking Muthaura to planning the 2007-2008 post-election violence.

March 30, 2013

After receiving legal challenges to the poll results, the Supreme Court of Kenya validates the election of Kenyatta and Ruto as president and deputy president, respectively.

April 9, 2013

Kenyatta and Ruto officially take office.

June 18,2013

Trial Chamber V(a) rules, in a majority decision, that Ruto does not have to be continuously present at his trial in The Hague due to the exceptional nature of his position as a sitting deputy president. The prosecution appeals the decision, and Ruto is required to attend trial in person until the Appeals Chamber issued a judgment.

September 10, 2013

The trial for Ruto and Sang begins. The trial was initially scheduled to start April 10, 2013. Then it was postponed to May 28. Judges ordered the postponements following defense requests for more time to prepare their case.

October 18, 2013

Trial Chamber V(b) rules, in a majority decision, that Kenyatta does not have to be continuously present at his trial The Hague due to the exceptional nature of his position as a sitting head of state.

December 19, 2013

The prosecution requests a three-month postponement in the case against Kenyatta. The trial was scheduled to begin February 5, 2014.

February 5, 2014

Trial Chamber V(b) holds a status conference to discuss the prosecution request to postpone the trial. No new start date is scheduled at this time.

September 5, 2014

The prosecution requests Trial Chamber V(b) to indefinitely adjourn the Kenyatta trial saying it is not in a position to proceed to trial due to lack of cooperation by the Kenyan government.

February 24, 2014

The first witness for the petitioners testifies in the SGBV case before the High Court of Kenya.

October 8, 2014

Trial Chamber V(b) holds a status conference to discuss the prosecution’s request for adjournment. The defense for Kenyatta asked the judges to terminate his case and enter a verdict of not guilty.

December 5, 2014

The ICC prosecutor withdraws the charges against Kenyatta. This was done in response to a December 3, 2014 Trial Chamber V(b) order for the prosecutor to give notice within one week that she will either withdraw charges or proceed to trial.

March 10, 2015

Warrants of arrest are issued under seal by the ICC against Paul Gicheru and Philip Kipkoech Bett. The warrants are made public on September 10, 2015. Both  are allegedly responsible for offenses against the administration of justice for corruptly influencing witnesses regarding cases from the ICC situation in Kenya.

March 13, 2015

Trial Chamber V(b) unanimously terminates the proceedings against Kenyatta after the prosecution withdrew the charges against him.

January 12-15, 2016

Hearings are held in order to consider submissions on whether the prosecution in the Ruto and Sang case has presented enough evidence to warrant a defense or whether there is “no case to answer.”

April 5, 2016

In response to the “no case to answer” submissions, Trial Chamber V(a), in a majority decision, terminates that proceedings against Ruto and Sang and vacates the three charges of crime against humanity they were facing. The decision is made without prejudice to future prosecutions at the ICC or in domestic courts.

April 21, 2016

Petitioners close their case after seven witnesses have testified in the IDP case before the High Court of Kenya.

September 2, 2016

Petitioners close their case after presenting 16 witnesses in the SGBV case before the High Court of Kenya.