The need in most cases for a referral from the UNSC certainly makes it unlikely that those states will be investigated but this does not make the court biased against Africa. Some of the cases in Africa have involved countries or their judiciaries referring themselves. In the case of Kenya’s election violence in the five years after the violence occurred very little action occurred from the domestic forces; there was a commission lead by Philip Waki that recommended a special tribunal to prosecute those involved. [1] However this never happened as a result the Waki commission handed their report over to the UN and ICC for action [2] . Unsurprisingly the case of Kenyatta has seen accusations of witness intimidation on large scales, showing that a fair trial would have been very difficult to guarantee in Kenya itself [3] .  [1] Waki Report, October 2008, (large pdf)  [2] Wachira, Muchemi, ‘Annan did not ambush Kenya says Justice minister’, Daily Nation, 13 July 2009  [3] ‘Perceptions and Realities: Kenya and the International Criminal Court’, Human Rights Watch, 14 November 2013