As Kenya grapples with questions regarding its social, legal, economic and political transition, the issue of the local prosecution of alleged perpetrators of past crimes has taken centre stage. It is argued that for member states to the Rome Statute of the International Criminal Court, like Kenya, any transitional justice measures must address the issue of impunity for past atrocities through prosecution. Thus, while the International Criminal Court (ICC) is designed to exercise jurisdiction over those who bear the greatest responsibility, municipal courts are expected to hold to account mid- and lower level perpetrators or those who do not bear the most responsibility for the commission of international crimes. This contribution underscores the importance of accountability through prosecution as a cardinal component of transitional justice. It critically analyses the challenges facing effective prosecutions of international crimes in Kenyan courts. By doing so, this chapter seeks to answer the questions: how should local courts effectively prosecute perpetrators of international crimes who may not necessarily bear the greatest responsibility? In other words, how should local criminal law systems and legislations effectively respond to international crimes?
(Article on pages 113-136 in the mainwork)