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CJ Martha Koome delivers a public lecture at the University of Nairobi on November 13, 2023. PHOTO | COURTESY
Chief Justice Martha Koome has affirmed that Kenyaโs Judiciary is prepared to play a central role in strengthening international criminal justice in Africa, declaring that the countryโs courts are ready to confront the most serious crimes under international law.
Delivering a keynote address through Justice Alexander Muteti at the Strathmore Institute for Advanced Studies in International Criminal Justice (SIASIC) Annual Conference in Nairobi, Koome said Kenya has built a strong legal foundation for prosecuting atrocity crimes through the International Crimes Act of 2008 and the 2010 Constitution, which empower domestic courts to handle cases that might otherwise be referred to international tribunals.
The Chief Justice stressed that victims must remain at the heart of justice, pointing to Kenyaโs Witness Protection Agency and the Victim Protection Act as vital safeguards. She further reiterated Kenyaโs commitment to the principle of complementarity, under which accountability for atrocity crimes should first be sought domestically before escalating to international courts.
At the regional level, Koome highlighted Kenyaโs role in the International Conference on the Great Lakes Region pact, while also citing Uganda and South Africa as examples of African states demonstrating that domestic mechanisms can close impunity gaps.
Supreme Court Judge Isaac Lenaola, who also addressed the conference, challenged African states to confront international criminal justice with courage, noting the paradox that while African cases dominate the International Criminal Court (ICC) docket, African voices remain underrepresented in shaping international criminal law.
He pointed to challenges such as political interference, inadequate funding, and the safety of victims and witnesses, but also underscored Kenyaโs Baby Pendo caseโcurrently being prosecuted under the International Crimes Actโas a precedent-setting moment.
The Nairobi conference, organized by SIASIC in partnership with the Wayamo Foundation, brought together judges, scholars, and practitioners from across Africa to deliberate on how domestic courts can effectively prosecute atrocity crimes.
Wayamo Director Bettina Ambach reflected on earlier attempts to establish an International Crimes Division in Kenya, urging lessons to be learned from past efforts and calling for renewed political will. She emphasized that accountability for international crimes increasingly lies at the national level, supported by innovative mechanisms and peer exchange across the continent.
Both Koome and Lenaola framed this as a defining moment for Africa, stressing that justice for atrocity crimes should not be outsourced but pursued effectively within domestic legal systems.
ยฉCitizen Digital, Kenya
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- Delivering a keynote address through Justice Alexander Muteti at the Strathmore Institute for Advanced Studies in International Criminal Justice (SIASIC) Annual Conference in Nairobi, Koome said Kenya has built a strong legal foundation for prosecuting atrocity crimes through the International Crimes Act of 2008 and the 2010 Constitution, which empower domestic courts to handle cases that might otherwise be referred to international tribunals.
CJ Martha Koome delivers a public lecture at the University of Nairobi on November 13, 2023. PHOTO | COURTESY
Chief Justice Martha Koome has affirmed that Kenyaโs Judiciary is prepared to play a central role in strengthening international criminal justice in Africa, declaring that the countryโs courts are ready to confront the most serious crimes under international law.
Delivering a keynote address through Justice Alexander Muteti at the Strathmore Institute for Advanced Studies in International Criminal Justice (SIASIC) Annual Conference in Nairobi, Koome said Kenya has built a strong legal foundation for prosecuting atrocity crimes through the International Crimes Act of 2008 and the 2010 Constitution, which empower domestic courts to handle cases that might otherwise be referred to international tribunals.
The Chief Justice stressed that victims must remain at the heart of justice, pointing to Kenyaโs Witness Protection Agency and the Victim Protection Act as vital safeguards. She further reiterated Kenyaโs commitment to the principle of complementarity, under which accountability for atrocity crimes should first be sought domestically before escalating to international courts.
At the regional level, Koome highlighted Kenyaโs role in the International Conference on the Great Lakes Region pact, while also citing Uganda and South Africa as examples of African states demonstrating that domestic mechanisms can close impunity gaps.
Supreme Court Judge Isaac Lenaola, who also addressed the conference, challenged African states to confront international criminal justice with courage, noting the paradox that while African cases dominate the International Criminal Court (ICC) docket, African voices remain underrepresented in shaping international criminal law.
He pointed to challenges such as political interference, inadequate funding, and the safety of victims and witnesses, but also underscored Kenyaโs Baby Pendo caseโcurrently being prosecuted under the International Crimes Actโas a precedent-setting moment.
The Nairobi conference, organized by SIASIC in partnership with the Wayamo Foundation, brought together judges, scholars, and practitioners from across Africa to deliberate on how domestic courts can effectively prosecute atrocity crimes.
Wayamo Director Bettina Ambach reflected on earlier attempts to establish an International Crimes Division in Kenya, urging lessons to be learned from past efforts and calling for renewed political will. She emphasized that accountability for international crimes increasingly lies at the national level, supported by innovative mechanisms and peer exchange across the continent.
Both Koome and Lenaola framed this as a defining moment for Africa, stressing that justice for atrocity crimes should not be outsourced but pursued effectively within domestic legal systems.
ยฉCitizen Digital, Kenya
Continue reading...
