The ICC Prosecutor charged Kenyatta with crimes against humanity of murder, deportation or forcible transfer, rape, other inhumane acts and persecution, relating to attacks in Nakuru and Naivasha in January 2008 during the post-election violence. Pre-Trial Chamber II confirmed the charges on 23 January 2012.
As of 30 October 2026, the ICC case against Kenyatta is closed after withdrawal of charges, with no upcoming hearings.
Violence spread after the December 2007 presidential election result was announced and opposition leader Raila Odinga said he had been robbed of victory, the BBC reported.
ICC judges later found substantial grounds to believe that from 24 to 28 January 2008 the Mungiki carried out an attack on non-Kikuyu residents perceived as ODM supporters in Nakuru and Naivasha, with killings, displacement, rape and destruction of property.
President Mwai Kibaki and opposition leader Raila Odinga signed an agreement in Nairobi to end the post-election crisis, with Odinga to take a new post of prime minister.
The Commission of Inquiry into Post-Election Violence, chaired by Justice Philip Waki, presented its report to President Kibaki. Based on hospital data it reported 1,133 deaths between 27 December 2007 and 29 February 2008, as cited by ICC judges. Human Rights Watch said it recommended a special tribunal.
Annan, on behalf of the African Union Panel of Eminent African Personalities, gave the ICC a sealed envelope with names of the main suspects after Kenya failed to establish a special tribunal, the Guardian reported.
Prosecutor Luis Moreno Ocampo asked Pre-Trial Chamber II for authorisation to open an investigation on his own initiative, the first time the Office had done so without a referral.
By majority, Pre-Trial Chamber II authorised an investigation into alleged crimes against humanity committed between 1 June 2005 and 26 November 2009. Judge Hans-Peter Kaul appended a dissenting opinion.
The ICC prosecutor named six Kenyans he accused of being behind the violence, including Deputy Prime Minister and Finance Minister Uhuru Kenyatta, who protested his innocence, the BBC reported.
Pre-Trial Chamber II, by majority, issued summonses for Francis Muthaura, Uhuru Kenyatta and Mohammed Hussein Ali to appear before the Court.
The Government of Kenya filed an application challenging admissibility. Pre-Trial Chamber II rejected it on 30 May 2011 and the Appeals Chamber confirmed that decision on 30 August 2011.
At the initial appearance hearing, the Chamber scheduled the confirmation of charges hearing for 21 September 2011. Kenyatta was not in ICC custody.
The confirmation of charges hearing in the case against Muthaura, Kenyatta and Ali ran from 21 September to 5 October 2011.
Decision on the confirmation of charges (as reported by UN News). Charges against Kenyatta and Francis Muthaura were confirmed. Charges against Mohammed Hussein Ali were not confirmed.
The charges against co-accused Francis Muthaura were withdrawn, leaving Kenyatta as the sole accused in the case.
Kenyatta was sworn in as Kenya's president at a Nairobi stadium while facing ICC charges of crimes against humanity, Al Jazeera reported.
Prosecutor Fatou Bensouda said one key witness was no longer willing to testify and a second had confessed on 4 December 2013 to giving false evidence, and asked the judges to adjourn the provisional trial date.
Trial Chamber V(B) vacated the trial commencement date of 5 February 2014.
Trial Chamber V(B) vacated the provisional 7 October 2014 trial date and convened status conferences, specifying that Kenyatta must attend in person on 8 October 2014. On 30 September 2014 it rejected his request to be excused or to appear by video link.
Kenyatta became the first sitting head of state to appear before the ICC, attending in a personal capacity after handing powers temporarily to Deputy President Ruto, JusticeInfo and the Daily Nation reported.
Trial Chamber V(B) rejected the prosecution's request for a further adjournment and directed it to withdraw the charges or proceed to trial. The same day it found Kenya's approach fell short of good faith cooperation but rejected a referral to the Assembly of States Parties.
Notice of withdrawal of charges and Prosecutor's statement. The Prosecutor withdrew the charges, saying she did not consider the available evidence sufficient to prove his alleged criminal responsibility beyond reasonable doubt and that the Kenyan Government's non-compliance had compromised the investigation. She said the withdrawal was without prejudice to a new case and that Kenyatta had not been acquitted.
Decision terminating the proceedings. The Chamber terminated the proceedings and vacated the summons to appear. It noted that ne bis in idem would not apply to a withdrawal at that stage, leaving the Prosecution free to bring new charges later.
On the prosecutor's appeal, the Appeals Chamber reversed the Trial Chamber's December 2014 decision on Kenya's non-cooperation and remanded the matter.
Trial Chamber V(B) found that Kenya had failed to comply with its obligation to cooperate over a request for records relating to Kenyatta and referred the matter to the Assembly of States Parties.
Kenyatta handed over the instruments of power to William Ruto, AP noted that both men had been indicted by the ICC and that the cases were later closed amid allegations of witness intimidation.
ICC Deputy Prosecutor Nazhat Shameem Khan announced the end of the investigation phase in the Kenya situation. The ICC says the Kenyatta case is closed unless the prosecutor submits new evidence.
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Capital FM Kenya · capitalfm.co.ke
Human Rights Watch · hrw.org
BBC News · news.bbc.co.uk
BBC News · bbc.co.uk
Al Jazeera · aljazeera.com BBC News · bbc.co.uk
Daily Nation · nation.africa
PBS News · pbs.orgLast updated 30 October 2026. Spotted an error? See corrections. Every event links to the record it comes from. Allegations are attributed to whoever made them.