The politics of moving on: Legitimacy and contestation of the International Criminal Court (ICC) in Kenya

A talk given by Dr Njoki Wamai, University of Cambridge, as part of the Lent term seminar series 2017. In March 2011, the International Criminal Court (ICC) accused six personalities including Uhuru Kenyatta and William Ruto of crimes against humanity which were allegedly committed during the post election violence in 2007. Despite the charges by the ICC, Kenyatta's Jubilee Coalition controversially won the March 2013 general election becoming Kenya's fourth president. The Jubilee Coalition then popularised what I call the ‘Politics of Moving On’ which prioritised 'peace', forgiving, forgetting and development over ICC’s justice politics. I will discuss how moving on is constructed not only as a unidirectional top-down narrative from national elites to a 'passive local', but a powerful narrative rooted in local realities especially in Jubilee's ethnic strongholds. I will also explore what has enabled it to become the powerful counter-narrative that has challenged the ICC’s legitimacy in Kenya. At a time when the ICC is under criticism especially by African political elites, the Kenyan case demonstrates the equally powerful role of everyday politics lived by local populations and their relationship with the Court. The paper argues that the ICC's internal practices as an institution and its inability to recognise local populations as equal and powerful political agents in transitional justice contexts inevitably contributed to its dismal performance in Kenya.