International and Organised Crimes Division (IOCD) of the Kenyan High Court

Support for the International and Organised Crimes Division (IOCD) of the Kenyan High Court

FINAL REPORT: COMPLEMENTARITY IN PRACTICE
Capacity Building for the Establishment of the International and Organised Crimes Division (IOCD) of the Kenyan High Court
In January 2015 the Kenyan Judiciary confirmed that it will establish the International and Organised Crimes Division (IOCD) within its High Court late in 2015, or in early 2016.

The IOCD is to have jurisdiction over international crimes as defined by the Rome Statute and the Kenyan International Crimes Act (for example, war crimes, crimes against humanity and genocide). The IOCD will also handle transnational crimes, such as organised crime, piracy, terrorism, wildlife crimes, cybercrime, human trafficking, money-laundering and counterfeiting.  Violence related to or arising out of elections such as looting and incitement to violence as well as ethnic and communal violence will also come under the new Court’s jurisdiction.

The IOCD is a clear starting point for a process of change. With crime inexorably becoming more complex, more international and more serious, the Kenyan judicial system needs well-trained and well-equipped structures that are able to respond to this challenge.

Wayamo, supported by start-up funds from the German Foreign Ministry, assisted this process by:

  • Providing capacity building services to relevant staff within the Kenyan Judiciary, the Office of the Directorate of Public Prosecutions, and the Office of Criminal Investigations in anticipation of their roles as judges, prosecutors, investigators, and administrators with the new division. 
  • Supporting education efforts to assure accountability and meaningful public participation in the establishment of the IOCD.

On 22 February 2015 Germany’s Federal Foreign Minister Dr. Frank-Walter Steinmeier and Kenya’s Chief Justice Dr. Willy Mutunga spoke to Wayamo Foundation Director Bettina Ambach in Nairobi.

Minister Steinmeier spoke on Germany’s commitment to strengthen Kenya’s capacity to prosecute international and transnational crimes and Chief Justice Mutunga remarked on the impending establishment of the International and Organised Crimes Division in the High Court of Kenya.