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Melita Ole Tenges
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Supreme Court Judge Isaac Lenaola speaks at a symposium convened by the Wayamo Foundation and the Strathmore Institute for Advanced Studies in International Criminal Justice on September 2, 2025.. PHOTO | COURTESY
Judicial experts are renewing calls for the establishment of a fully operational International Crimes Division within Kenyaโs High Court, in the wake of recent Gen Z protests and ahead of the 2027 elections.
They say such a court would give victims of grave crimes a chance to confront perpetrators and finally get justice.
At a symposium convened by the Wayamo Foundation and the Strathmore Institute for Advanced Studies in International Criminal Justice, judges and legal scholars questioned Kenyaโs slow progress in setting up the International Crimes division, despite countries like Uganda having already operationalised one.
Supreme Court Judge Isaac Lenaola said: โAs Africans, as international experts, judicial academics, practitioners and scholars, we must create space for genuine dialogue about international criminal law that better serves our context while maintaining universal principles.โ
Back in May 2012, the Judicial Service Commission (JSC) set up a committee to study the creation of an International Crimes Division. Thirteen years later, that dream remains unfulfilled.
โI hope at the end of the day we shall present a roadmap for the creation of a model court that will be able to try international crimes in Kenyaโwithout any maneno, without any issue, once we have the Act in place,โ Lenaola stated.
The urgency of such a court is best illustrated by the case of Baby Samantha Pendo, killed during the 2017 post-election violence. Eight years on, her case remains unresolved, an indictment of the justice systemโs inability to hold perpetrators accountable.
โAll attempts are being made now to ensure the Baby Pendo case does not see the light of day. Everybody has a right to challenge proceedings, yet for how long will we continue sweeping impunity under the table?โ Posed the Supreme Court Judge.
High Court Judge Alexander Muteti added: โThe discussion needs to go into the question of cooperationโฆinter-agency cooperation. Begin with investigators working with the witness protection agency. Bring on board the prosecutors, then move to the Judiciary.โ
As Kenya heads towards another election cycle, the call for an International Crimes Division is not just about law reform according to Judicial experts it is about breaking the cycle of impunity and delivering justice for victims.
ยฉCitizen Digital, Kenya
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- Judges and legal scholars questioned Kenyaโs slow progress in setting up the International Crimes Division, despite countries like Uganda having already operationalised one.
- Back in May 2012, the JSC set up a committee to study the creation of an International Crimes Division.
- Thirteen years later, that dream remains unfulfilled.
Supreme Court Judge Isaac Lenaola speaks at a symposium convened by the Wayamo Foundation and the Strathmore Institute for Advanced Studies in International Criminal Justice on September 2, 2025.. PHOTO | COURTESY
Judicial experts are renewing calls for the establishment of a fully operational International Crimes Division within Kenyaโs High Court, in the wake of recent Gen Z protests and ahead of the 2027 elections.
They say such a court would give victims of grave crimes a chance to confront perpetrators and finally get justice.
At a symposium convened by the Wayamo Foundation and the Strathmore Institute for Advanced Studies in International Criminal Justice, judges and legal scholars questioned Kenyaโs slow progress in setting up the International Crimes division, despite countries like Uganda having already operationalised one.
Supreme Court Judge Isaac Lenaola said: โAs Africans, as international experts, judicial academics, practitioners and scholars, we must create space for genuine dialogue about international criminal law that better serves our context while maintaining universal principles.โ
Back in May 2012, the Judicial Service Commission (JSC) set up a committee to study the creation of an International Crimes Division. Thirteen years later, that dream remains unfulfilled.
โI hope at the end of the day we shall present a roadmap for the creation of a model court that will be able to try international crimes in Kenyaโwithout any maneno, without any issue, once we have the Act in place,โ Lenaola stated.
The urgency of such a court is best illustrated by the case of Baby Samantha Pendo, killed during the 2017 post-election violence. Eight years on, her case remains unresolved, an indictment of the justice systemโs inability to hold perpetrators accountable.
โAll attempts are being made now to ensure the Baby Pendo case does not see the light of day. Everybody has a right to challenge proceedings, yet for how long will we continue sweeping impunity under the table?โ Posed the Supreme Court Judge.
High Court Judge Alexander Muteti added: โThe discussion needs to go into the question of cooperationโฆinter-agency cooperation. Begin with investigators working with the witness protection agency. Bring on board the prosecutors, then move to the Judiciary.โ
As Kenya heads towards another election cycle, the call for an International Crimes Division is not just about law reform according to Judicial experts it is about breaking the cycle of impunity and delivering justice for victims.
ยฉCitizen Digital, Kenya
Continue reading...
