As part of the enduring search for justice for victims of post-election violence, the recommendation was welcomed in principle, to establish an International Crimes Division of the High Court of Kenya. However the Judicial Service Commission report recommending the establishment of the ICD raises as many questions as it attempts to answer. Much more thought needs to be put into addressing concerns regarding the proposed legal framework, the mixed jurisdiction of the ICD, the investigation and prosecution of the crimes, witness protection and the harmonization of existing legislation necessary to ensure that the resulting mechanism becomes a real option for delivering justice for victims of post-election violence. Key actors and stakeholders in the search for justice, especially victim groups and relevant civil society organizations that have worked on and thought about these issues consistently, and for a sustained period of time, should be genuinely engaged and their input sought for every stage of the process. These measures are necessary to ensure that once established, the proposed International Crimes Division becomes a viable option for justice for victims of post-election violence and not just an expensive white elephant.
