ICC judges report Kenya for not cooperating during President Uhuru Kenyatta’s case

Judge Kuniko Ozaki of Trial Chamber V(B). (PHOTO: FILE)
HAGUE: Judges at the International Criminal Court (ICC) have reported Kenya to the Assembly of State Parties for failing to cooperate with the Prosecution in the Uhuru Kenyatta case.

A statement from the court on Monday said the judges escalated the matter to the assembly of states that have ratified the Rome Statute because it “would be best placed to address the lack of cooperation, in order to provide an incentive for the Kenyan Government to cooperate with the Court”. 

The Rome Statue is the treaty that established the International Criminal Court.

The judges’ decision is just a string of assertions from the various arms of the court that Kenya failed to cooperate during President Uhuru Kenyatta’s trial.  

In November 2013, prosecutor Fatou Bensouda filed an application asking the Judges to declare Kenya non-cooperation state for alleging that it had failed to comply with a request to produce records relating to President Uhuru. According to the Judges, the non-cooperation prevented the court from exercising its functions and powers under the Rome Statute.

The case against President Kenyatta was terminated and the Judges say referring Kenya to the ASP is appropriate for the purpose of fostering cooperation for the sake of any ongoing and future investigations in Kenya.

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