Political dynamics in Kenya's post-electoral violence: justice without peace or political compromise?

Abstract

The political upheavals that erupted in Kenya after the release of the 2007–8 election results resulted in the death of approximately 1 200 people, as well as the loss of livestock and other valuable property. While the Kenyan government tried to seek solutions to the crisis, the International Criminal Court (ICC) issued warrants for the arrest of top government officials. For its part, the African Union (AU) accused the ICC of racism by targeting only African leaders, and maintained that such practices undermine the rule of equality before the law set forth in Article 27 of the Rome Statute. The AU is therefore advising African countries, including Kenya, to consider withdrawing from the ICC. Will the ICC's intervention into the situation in Kenya bring justice and peace to the country, or will it add to the existing injuries affecting not just the country but the region as well? Through a critical analysis of contemporary scholarly discourse, this article unravels the dilemma of the ICC's intervention and the likely consequences of this action for the people of Kenya and Africa.