Kenya: ICC Closes Kenya Case but Pursuing 2 Fugitives for Witness Tampering

1 December 2025

Nairobi — The International Criminal Court (ICC) has formally closed its investigation into the situation in Kenya but is still pursuing two Kenyans accused of interfering with witnesses.

According to the latest report to the Assembly of States Parties, the Office of the Prosecutor announced on 27 November 2023 that it had concluded investigations relating to the Kenya situation, which arose from the 2007/08 post-election violence.

At the height of the cases, six Kenyans faced crimes against humanity charges at The Hague: President William Ruto, former President Uhuru Kenyatta, radio journalist Joshua arap Sang, former Head of Public Service Francis Muthaura, former Cabinet minister Henry Kosgey and former Police Commissioner Mohammed Hussein Ali. All the cases later collapsed after the Court cited insufficient evidence and alleged witness interference.

Despite ending the main probe, the ICC says it continues to monitor developments in Kenya and to track two suspects, Philip Kipkoech Bett and Walter Barasa, who are still at large.

The two are wanted over alleged offences against the administration of justice under Article 70 of the Rome Statute, including claims of corruptly influencing or attempting to influence ICC witnesses.

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