ICC returns to haunt Uhuru?
08 August 2015, 06:52
Nairobi - The International Criminal Court ICC will deliver its judgment, in the prosecutor’s appeal regarding Kenya’s non-cooperation in the case against President Uhuru Kenyatta.
The court will make the ruling nearly nine months after the prosecution led by Fatou Bensouda applied to have the case withdrawn over lack of evidence.
In granting the application, Trial Chamber V (b) judges allowed the
prosecution to challenge its December 3, 2014 decision in which the
court declined to refer Kenya to the ASP.
" Trial Chamber V (b) considered the request and the observations made
by the Kenyan Government and the legal representative of the victims ".
" The chamber decided to authorize the prosecutor to appeal the decision
on Kenya’s cooperation," the judges ruled.
Judge Kuniko Ozaki stated that the Government of Kenya was
obliged to cooperate with the court hence its approval of the
prosecution’s appeal to refer it to the ASP.
" The chamber noted that the withdrawal of charges against Mr Kenyatta
does not preclude ongoing investigations. Nor does it relieve the
Kenyan Government of its statutory obligation to comply with any
cooperation requests from the court," they noted.
In letting his charges slide in December, the judges created room for the case to be revisited in future, saying that any incriminating evidence would be used to firm the case up.
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