Five myths about Bensouda’s ICC pre-trial brief that must be debunked

Last month, the International Criminal Court (ICC) at The Hague made public the pre-trial brief in the now defunct case of the Prosecutor vs Uhuru Muigai Kenyatta.

The 69-page legal brief lays out the backbone of the case against Mr Kenyatta. In December last year, Chief Prosecutor Fatou Bensouda withdrew the case against Mr Kenyatta on the grounds of insufficient evidence. But she did so without prejudice. Which means she didn’t “terminate” the case, but merely “withdrew” it. Bottom line — the case could be re-instituted if fresh evidence becomes available.