This article attempts to demonstrate that the use of the International Criminal Court (ICC), which is retributive in praxis to address crimes against humanity in post-conflict societies without concurrent comprehensive political restorative processes, is ineffective. This article uses the Kenyan case after the 2007/8 post-election violence (PEV) to demonstrate the ineffectiveness of a retributive justice approach toward social reconstruction. The main weakness of the ICC as an institution using lies in its narrow focus on and use of retributive justice, as (...) an essential transitional process. This article shows that such an approach, fails, though not absolutely, to efficiently offer a comprehensive process likely to promote possibilities for peace and reconciliation. Thus, the article suggests restorative justice as a necessary political strategy to foster peace and unity in Kenya. (shrink)