After the government of Kenya was unable to agree on a process to try prominent officials responsible for stirring up violence in 2008 after disputed elections, the matter was referred to the International Criminal Court, and the ICC investigators are currently at work in Kenya. However, there is a strong sentiment that unnamed persons in positions of power are doing what they can to obstruct the course of justice.
Provincial security chiefs have been demonstrating their reluctance to talk with ICC investigators by arguing that Kenyan law specifies that involuntary statements can only be taken before a judge of the High Court. In response to this concern, the Attorney General has now asked the Chief Justice to appoint a judge to hear the interviews, but there is continuing concern that there will be insufficient cooperation.
The investigators have also run into a hurdle in trying to obtain access to government documents relating to the violence. It has been speculated that the minutes of a Cabinet meeting might reveal whether someone issued shoot-to-kill orders during the violence. Many unarmed people are said to have been shot dead by police. The ICC investigation is unprecedented, so the likely outcome remains uncertain.