International Criminal Court has closed investigations in Kenyan cases at the Hague-based court relating to the 2007/08 post-election violence.
Deputy Prosecutor Nazhat Shameem Khan said in a statement on Monday that the court will not pursue additional cases into the alleged criminal responsibility of other persons.
"After assessing all the information available to me at this time, I have decided to conclude the investigation phase in the Situation in Kenya. I have reached this decision after considering the specific facts and circumstances of this Situation. Accordingly, the Office will not pursue additional cases into the alleged criminal responsibility of other persons," Khan said.
She, however, said the case against Walter Barasa and Philip Kipkoech Bett for witness retaliation in contravention of Article 70 of the Rome Statue on offences against the administration of justice will remain active at the court.
Barasa and Bett were charged alongside the late lawyer Paul Gicheru whose case the court terminated on October 14, 2022, following his death.
Barasa and Bett remain at large with a warrant of arrest hanging over their heads.
"The Office maintains its capacity to act on information relating to retaliation against witnesses. In this regard, the cases against Barasa and Bett for offences against the administration of justice remain before the Court," Khan said.
"I have informed the relevant authorities of the Republic of Kenya of this decision."
The deputy prosecutor said the office will continue to engage with Kenyan authorities, civil society organisations and relevant local actors to enhance cooperation regarding the two pending cases.
Barasa and Bett are accused of offering bribes to prosecution witnesses in the collapsed trial of President President William Ruto and former journalist Joshua arap Sang.
The case against President Ruto and Sanga was thrown out on April 5, 2016, due to insufficient evidence, but the court refused to acquit him.
Gicheru faced similar charges of witness prosecution at the court before his death in September 2022, five years after a warrant of arrest was issued against him.
The ICC issued the arrest warrant on March 10, 2015, alongside one issued against Bett.
On November 3, 2020, Gicheru surrendered to the ICC after completion of the necessary proceedings.