ABSTRACT
The international criminal court statute pledges that most serious crimes of concern to
international community must not go unpunished. The novel mechanism to exert
jurisdiction over state parties to the treaty intends to enforce international law to
protect human rights. The ICC is a reflection of changing perceptions of how the rule
of law relates to larger problems of global inequality. The court has been embroiled in
criticism that it focuses on criminal cases in Africa and particularly targeting African
Leaders. The Kenyan government challenged the courts intervention in the crimes
committed in the country during 2007-2008 post-election violence. It is argued that
the courts legal prosecutions in African countries could impede political solutions to
conflicts and also negate the most sought opportunities for negotiated settlement of
disputes hence abrogating the independence of member states in promoting the rule of
law on their own as sovereign states. The general objective of this study was to assess
the influence of ICC jurisdiction on state sovereignty in Kenya. Specific objectives
were to examine the nexus between International criminal court and state sovereignty
in Kenya, examine the effects of ICC jurisdiction on national interests in Kenya,
evaluate ICC jurisdiction on State Responsibility to protect (R to P) in Kenya, and
assess the ICC jurisdiction and State treaty obligations in Kenya. The study was
guided by theoretical underpinnings as espoused in the theories of Realism and
constructivism on the state in the international system. The study used descriptive
research design and exploratory research design to explore the variables and provided
an opportunity for the researcher to collect systematic information. The study site
included Nairobi, Mombasa, Nakuru, Eldoret, Kisumu, Kakamega, Kericho,
Bungoma, Laikipia, Kajiado, Kisii and Machakos counties. The study used stratified
sampling, purposive sampling and random sampling. Purposive sampling was used to
select Key informants in state law office ,ministry of interior coordination ,ministry
of foreign affairs ,office of the president ,judiciary, immigration, foreign embassies
and county administration . This selection picked out participants with immense
experience, expertise and knowledge of international criminal court jurisdiction and
0state sovereignty Stratified sampling was used to ensure that the target population is
divided into different strata and each stratum is represented in the sample. Stratified
random sampling was used for university students, lecturers/ professionals,
government and county officials, the national assembly, the senate, the business
communities and civilian population. The study sampled a total of 171 respondents.
Findings of this study indicated that international criminal court jurisdiction influence
on state sovereignty is uncontestable; states cede some of their powers to the Hague
based court through Treaty obligations. The study recommended that whereas
International legal order fathoms justice there is need for states cooperation to
enhance and safeguard international peace and security. A paradigm shift was
recommended for states not only to cooperate but also develop comprehensive
programs for restorative justice by strengthening local legislation as opposed to
real politick. The overall conclusion of the study was grounded on the general
objective. In as much as states are major players in international relations in the guise
of sovereignty, the undisputed authority of statehood is not the preserve of an
individual state rather it is subject to legalization order of international institutions
that assert meaning to hegemonic regimes in international relations. It is in this breath
that the impact of international criminal court jurisdiction on sovereign states is
undoubtedly introgenious, dialectic and yet profane in Kenya.
Liguyani, G (2021). International Criminal Court Jurisdiction Influencing State Sovereignity In Kenya. Afribary. Retrieved from https://afribary.com/works/international-criminal-court-jurisdiction-influencing-state-sovereignity-in-kenya
Liguyani, Gerald "International Criminal Court Jurisdiction Influencing State Sovereignity In Kenya" Afribary. Afribary, 08 May. 2021, https://afribary.com/works/international-criminal-court-jurisdiction-influencing-state-sovereignity-in-kenya. Accessed 07 Sep. 2024.
Liguyani, Gerald . "International Criminal Court Jurisdiction Influencing State Sovereignity In Kenya". Afribary, Afribary, 08 May. 2021. Web. 07 Sep. 2024. < https://afribary.com/works/international-criminal-court-jurisdiction-influencing-state-sovereignity-in-kenya >.
Liguyani, Gerald . "International Criminal Court Jurisdiction Influencing State Sovereignity In Kenya" Afribary (2021). Accessed September 07, 2024. https://afribary.com/works/international-criminal-court-jurisdiction-influencing-state-sovereignity-in-kenya