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PGA’s vision is to contribute to the creation of a Rules-Based International Order for a more equitable, safe, sustainable and democratic world.

Kenya and the Rome Statute

PGA has been closely monitoring the developments in the attitude of the Government and Parliament of the Republic of Kenya since June 2007.

Rome Statute

Kenya has signed the Rome Statute on 11 August 1999.

Kenya has ratified the Rome Statute on 15 May 2005.

Kampala Amendments of 2010

Kenya has not ratified the Kampala Amendments.

 

Status on the domestic implementation of the Rome Statute

Kenya has implemented the Rome Statute by the entry into force of the International Crimes Act 2008 on January first 2009. This Act has been nominated to be repealed in 2013, but a final decision is still pending.
 

Agreement on Privileges and Immunities of the Court (APIC)

Kenya has not signed the APIC.
 

Additional Agreements

Kenya has not signed a Bilateral Immunity Agreement (BIA) with the United States.
 

Progress and PGA Action

Mid-2007, PGA started planning a Workshop in the Parliament of Kenya to be organized in early 2008, after the elections, on reforming legislation on the basis of the Rome Statute. Due to the electoral violence and political turmoil however, this Workshop was never organized. 

In December 2010, the prosecutor of the ICC announced that he was seeking summonses of six people, including Mr. Uhuru Kenyatta and Mr. William Ruto over their involvement in the 2007-8 electoral violence. The ICC's Pre-Trial Chamber subsequently issued a summons for Mr. Ruto and Mr. Kenyatta and the other 4 accused, at the prosecutor's request.

Mr. Kenyatta was indicted in March 2011 on five counts of crimes against humanity. Kenyatta, son of Kenya’s founding President Jomo Kenyatta, is alleged to have planned, financed, and coordinated the violence perpetrated against the perceived supporters of the Orange Democratic Movement, the political rival of Kenyatta’s KANU party, during post-election violence from 27 December 2007 to 29 February 2008. Kenyatta is alleged to have "had control over the Mungiki organization" and directed it to conduct murders, deportations, rapes and other forms of sexual violence, persecutions, and other inhumane acts against civilians. In April 2013, Uhuru Kenyatta took office as the fourth President of Kenya. In July 2013, 3 witnesses on the trial against Uhuru Kenyatta declared they are no longer willing to testify. One additional witness declares he is being threatened. The opening of President Kenyatta’s trial is postponed by the current ICC Prosecutor due to lack of state cooperation and lack of evidence. During the Status Hearing of 8 October 2014, at which Mr. Kenyatta appeared before the Court in his personal capacity, the Prosecutor, Victims representation and the Kenyatta Defense team have pleaded for an indefinite adjournment or an acquittal of this case. On 5 December 2014, the Prosecutor filed a notice to withdraw charges against Mr. Kenyatta.

Mr. Ruto, since April 2013 the Vice-President of Kenya, is accused of planning and organising crimes against supporters of President Kibaki's Party of National Unity. He is charged with three counts of crimes against humanity, one of each of murder, forced transfer of population and persecution. On 23 January 2012, the ICC confirmed the charges against Mr. Ruto and Joshua Sang, on March 4, 2013 Mr. Ruto was elected Deputy President. Deputy President Ruto’s trial started at 10 September 2013.

The Jubilee Alliance, a coalition of political parties supporting the President Kenyatta and Deputy President Ruto, introduced a bill in Parliament to withdraw from the Rom Statute on 5 September 2013, arguing that the cases against their leaders are politically motivated.

In a letter to Kenyan MPs, PGA member MP’s from all over the world urged not to adopt a bill that would bring the withdrawal motion from the Rome Statute into effect.

The government of Kenya on its part has been lobbying the African Union successfully to support their amendments to the Rome Statute, in which immunity for prosecution of current Heads of States and government officials is being proposed.

A contrary perspective on the role of the ICC in Africa was expressed by African politicians from Western Africa, during the PGA-organised Working Group on the Fight against impunity in Francophone Africa.

Key documents
Parliamentary Action

Status of the Rome Statute System as of February 2024:

 
States that have ratified the Rome Statute [124]
 
States that have signed the Rome Statute but have not ratified it yet [30]
 
States that have withdrawn from the Rome Statute [2]
 
States that have neither signed nor ratified the Rome Statute
 

124 countries are States Parties to the Rome Statute of the International Criminal Court. Of these, 33 are African States, 19 are Asia-Pacific States, 19 are from Eastern Europe, 28 are from Latin American and Caribbean States, and 25 are from Western European and other States.

Work of PGA in this Country:

Parliamentarians and experts met in Banjul to explore mechanisms designed to provide accountability for serious human rights violations and international crimes.

African Parliamentarians gather in Banjul to discuss accountability mechanisms for serious human rights violations and international crimes

On 3 and 4 July 2019, the National Assembly of the Gambia hosted over 40 participants, representing more than 15 African States, to participate in the Working Group on the Fight against Impunity in Africa.

The 10th Consultative Assembly of Parliamentarians for the International Criminal Court and the Rule of Law (CAP-ICC) and 40th Annual Forum of PGA took place 16-17 November 2018 in Kyiv, Ukraine.

10th CAP-ICC and 40th Annual Forum of PGA

Parliament of Ukraine in Kyiv, 16-17 November 2018.

Mr. Michiel Servaes, MP (The Netherlands) in a Member of Parliamentarians for Global Action (PGA)

Questions asked by Servaes (PvdA) to the Minister of Foreign Affairs on the withdrawal of African countries from the International Criminal Court

Parliamentary questions about the withdrawal of African countries from the International Criminal Court

With the ratification of the Rome Statute by the Czech Republic in July 2009, every Member State of the EU is now a State Party to the ICC.

Cooperation of the European Parliament with the International Criminal Court (ICC)

With the ratification of the Rome Statute by the Czech Republic in July 2009, every Member State of the EU is now a State Party to the ICC.

The Crime of Aggression is not only the supreme ’umbrella’ crime, but also a leadership crime - hence the great sensitivity surrounding it.

PGA Roundtable Briefing on the Crime of Aggression

This PGA Roundtable Briefing was held at the Permanent Mission of the Kingdom of the Netherlands to the United Nations in New York and brought together PGA Member Legislators from Afghanistan, Argentina, Kenya, Sierra Leone, Nigeria and Senegal. The Round

The Workshop attracted Delegations of prominent Parliamentarians from Tanzania and Uganda, as well as leading PGA Members from Sierra Leone, Suriname and the host country itself, Kenya.

Report on PGA Regional East African Workshop on Implementation of the Rome Statute

The Workshop attracted Delegations of prominent Parliamentarians from Tanzania and Uganda, as well as leading PGA Members from Sierra Leone, Suriname and the host country itself, Kenya, including the Speaker of the National Assembly of Kenya, Hon. Kenneth

The roundtable brought together over 100 participants, including parliamentary delegations from Ghana, Liberia, Nigeria and the host country, Sierra Leone.

PGA Regional Roundtable Discussion on the Implementation of The Rome Statute

Parliamentarians for Global Action (PGA) organised a Regional Round-Table Discussion on the Implementation of The Rome Statute of the International Criminal Court in the Parliament of Sierra Leone in Freetown.

East African Conference on ICC Ratification

East African Conference on ICC Ratification

On June 5-6, 2000, PGA organized the "East African Conference on ICC Ratification".

Publication

Parliamentary Kit on the International Criminal Court
Parliamentary Kit on the International Criminal Court

Parliamentary Kit on the International Criminal Court

It is imperative that the Rome Statute be ratified universally for the successful functioning of the Court. Parliamentarians should ensure that the ICC is truly universal.

Description

Created by the Rome Statute, the International Criminal Court (ICC) is the first permanent and independent international court capable of investigating and bringing to justice individuals who commit the most serious violations of international criminal law, international humanitarian law, and human rights.

The Rome Statute defines the crimes under the Court’s jurisdiction and provides the general principles and procedures for the operation of the Court. It also outlines the cooperation obligations of its State Parties. It is imperative that the Rome Statute be ratified universally for the successful functioning of the Court. Parliamentarians should ensure that the ICC is truly universal.

PDF(s)

Additional Details

  • Publication Type: Toolkit
  • Author(s): Parliamentarians for Global Action

Publication

Handbook for Parliamentarians: National Nomination of Judicial Candidates for the International Criminal Court (ICC)
Handbook for Parliamentarians: National Nomination of Judicial Candidates for the International Criminal Court (ICC)

Handbook for Parliamentarians: National Nomination of Judicial Candidates for the International Criminal Court (ICC)

Description

The ICC is the first and only permanent independent court with the mandate to investigate and prosecute individuals responsible for committing international crimes, namely genocide, crimes against humanity, war crimes, and the crime of aggression. Its 18 judges from around the world, elected for a nine-year term, play a key role in ensuring this expectation is lived up to through their primary mandate to render authoritative and high-quality jurisprudence and guarantee fair trials.

Therefore, the quality of the judges has fundamental importance to the performance, efficiency, and effectiveness of the ICC, which is at the heart of the long-term success of the ICC and the Rome Statute system as a whole. In this handbook, PGA sets forth specific criteria and recommendations for Parliamentarians to encourage their governments to improve national nomination procedures for ICC judicial candidates and adopt good practices and requirements to ensure these processes are fair, transparent, and merit-based. The goal of robust nomination procedures is to ensure that only candidate judges or jurists of the highest caliber make it on the ballot.

PDF(s)

Additional Details

  • Publication Type: Handbook
  • Author(s): Parliamentarians for Global Action

Publication

Handbook: Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the International Criminal Court
Handbook: Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the International Criminal Court

Handbook: Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the International Criminal Court

Description

It is our honor and privilege to present to you the Third Edition of the Handbook on the Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the ICC.

It is the product of our collaborative effort aimed at assisting States in ratifying the amendments adopted by consensus in Kampala and helping criminalize the most serious forms of the illegal use of force.

PDF(s)

Additional Details

  • Publication Type: Handbook
  • Author(s): Permanent Mission of the Principality of Liechtenstein to the United Nations; Global Institute for the Prevention of Aggression; Liechtenstein Institute on Self-Determination at Princeton University (LISD); (Drafting Assistance by PGA)