Mutei, Faith Usengy’o2025-03-282025-03-282024-10https://ir-library.ku.ac.ke/handle/123456789/29872A Project Submitted in Partial Fulfillment of the Requirements for the Award of the Degree of Master of Arts in International Relations and Diplomacy in the School of Law, Arts and Social Sciences of Kenyatta University, October 2024. SupervisorThe research examined the applicability of the principle of complementarity by the International Criminal Court (ICC) in Kenya. Its specific objectives were to explore the application of the complementarity principle in the 2007/2008 post-election violence, determine whether jurisdictional conflicts arose in its application and analyze how complementarity in the Kenyan case compares to similar situations. Informed by compliance theory and the theory of sovereignty, the research focused on the ICC's innovative approach to complementarity, a relatively new concept in international criminal law. By assessing its effectiveness in the context of Kenya's 2007-2008 post-election violence, it sheds light on its potential to promote accountability and deter future atrocities. Kenya’s case highlights challenges faced by both domestic legal systems and international tribunals in prosecuting international crimes. The scope of the research concentrated on the ICC’s intervention (post-1998) in the 2007/2008 post-election violence in Kenya, covering electoral violence patterns from 1992 to 2022. It provides insight into the effectiveness of international and domestic legal mechanisms in addressing the cyclical nature of election-related violence, tracing Kenya's political instability since the introduction of multiparty politics in 1992. A descriptive survey research design was employed, with a target population consisting of 39 key lawyers involved in the ICC case, 8,262 civil rights groups, 22 political analysts and 349 local politicians. A sample size of 99 participants was selected. Data collection involved 10 interviews with political analysts and the Chair of the Justice and Legal Affairs Committee of the National Assembly. Additionally, 7 focus group discussions (FGDs) of 11 participants and 1 FGD of 12 participants were conducted with human rights groups and with lawyers. Participants were selected using purposive and convenient sampling. Data collection methods included semi-structured interviews and FGDs, conducted face-to-face, by telephone, or via video conference. The interviews and FGDs were recorded and transcribed, with participants' consent obtained beforehand. Drawing on lessons from the Nuremberg Trials, the analysis reveals that while the complementarity principle is central to the ICC’s operations, its application in Kenya’s post-election violence case faced challenges such as political interference and limited domestic judicial capacity. The research recommends strengthening Kenya’s legal and institutional frameworks to improve accountability and the application of complementarity, with a focus on enhancing judicial independence, increasing international support for capacity-building and fostering closer cooperation between the ICC and national courts.enThesis