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Looking Abroad for JusticeDecades of impunity have left ordinary Kenyans with a sense that the Kenyan justicesystem has repeatedly failed them. 26 This frustration has led many to place their hopes inthe International Criminal Court as a last resort for access to justice. As expressed by thebrother of a victim of police shooting, “I support the ICC, because we’ve already triedeverything in Kenya, and nothing has worked.” 27 Victims of rights violations in Mt. Elgon,for their part, have also taken cases before international bodies. 28The ICC and other international judicial instances may bring a measure of accountability.But even as international justice takes its course, the glaring lack of accountability withinKenya remains unaddressed. Many Kenyans are convinced that justice within Kenya isnecessary. A June 2011 report by South Consulting, based on a survey of 2500 Kenyans,found that respondents “are disillusioned by the lack of progress in arresting lower andmiddle level perpetrators and holding senior and influential people to account.” 29 Asubsequent report expressed concern that “the perception that the ICC is for ‘big people’may in fact harden impunity among the low-level perpetrators unless a local deterrentmechanism is put in place.” 30 South Consulting found Kenyans view prosecutions as acritical means to prevent future political violence. 31So far, the Kenyan state has let them down.Impunity in Kenya,” September 2011, p. 15; Michael Onyiego, “Kenyan President Suspends Minister Facing Major CorruptionCharges,” Voice of America, October 20, 2010, http://www.voanews.com/english/news/Kenyan-President-Suspends-Minister-Facing-Major-Corruption-Charges--105337848.html (accessed November 27, 2011). Wetang’ula was offered a newministerial post in August 2011, despite ongoing investigations into his conduct. Those who “step aside” continue to receivetheir full salary and benefits.26 South Consulting, “The Kenya National Dialogue and Reconciliation (KNDR) Monitoring Project, Draft Review Report,” April2011, http://www.dialoguekenya.org/docs/April2011KNDRReport.pdf (accessed September 25, 2011), pp. 8-9.27 Human Rights Watch interview with John Olago, brother of gunshot victim George William Onyango, Nyanza province, May10, 2011.28 These include the East African Court of Justice (EACJ) and the UN Working Group on Enforced or InvoluntaryDisappearances; see Human Rights Watch, “Hold Your Heart”, p. 65-67.29 South Consulting, “The Kenya National Dialogue and Reconciliation (KNDR) Monitoring Project,” Review Report, June 2011,http://www.dialoguekenya.org/docs/June2011ReviewReport.pdf (accessed September 25, 2011), p. v.30 South Consulting, “The Kenya National Dialogue and Reconciliation (KNDR) Monitoring Project,” Review Report, October2011, http://south.co.ke/Downloads/Reports/11threviewreport.pdf (accessed November 1, 2011), p. ix.31 South Consulting, April 2011, p. 25.15 HUMAN RIGHTS WATCH | DECEMBER 2011

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