Chapter 9:   RELATIONS WITH OTHER ORGANS AND ENTITIES

Section 7:   International Criminal Court

 

ICC terminates charges against Kenyan President

 

On 5 December 2014, the ICC Prosecutor announced that she had filed a notice to withdraw charges against Kenyan President Uhuru Muigai Kenyatta, because she did not believe that “it is possible at this time, for me to fully investigate and prosecute the crimes charged in this case”.  The Prosecutor stated that notwithstanding her “personal commitment to pursue justice and accountability for Kenyans who were subjected to the terrible violence that swept through Nakuru and Naivasha after the 2007 elections”, she could only proceed to trial “when there is a reasonable prospect of conviction at trial based on the evidence at my disposal”.  In this connection, the Prosecutor referred to “the failure of the Government of Kenya to cooperate fully and effectively with my investigations in this case.”  She underscored that Mr. Kenyatta "has not been acquitted, and the case can be re-opened, or brought in a different form, if new evidence establishing the crimes and his responsibility for them is discovered” (ICC Press Release 05/12/2014).  (This update supplements page 618 of the book.)

 

On 13 March 2015, Trial Chamber V(B) of the ICC acted on the notice by the Prosecutor and terminated the proceedings against President Kenyatta.  However, the Chamber noted that pursuant to Article 70 of the Rome Statute, the Court would retain jurisdiction over any interference with a witness or with the collection of evidence, and that protective measures ordered for victims or witnesses would continue (ICC-0l/09-02l11).  This decision by the Court does not affect the cases still pending relating to three other Kenyans, among them the current Deputy President of Kenya.  (This update supplements page 618 of the book.)