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. My Office will continue to receive and consider information which may shed light on those who are responsible for the 2007-2008 post-election violence, and will assess what further steps it can realistically and meaningfully take at this point in time in relation to the crimes committed in Nakuru and Naivasha, considering the current situation in Kenya. However, I wish to say a few words about the failure of the Government of Kenya to cooperate fully and effectively with my investigations in this case. From the time that the Prosecution submitted its revised 8 April 2014 Request to the Government of Kenya, the material the Government sent us simply did not respond to a significant portion of our Revised Request for Records. In short, most of the material sought in my Revised Request was not provided. This is despite the fact that ICC Judges clearly confirmed that my Revised Request was valid, and dismissed all of the Government’s objections to it. In this situation, the most relevant documentary evidence regarding the post-election violence could only be found in Kenya. Yet, despite assurances of its willingness to cooperate with the Court, the Government of Kenya failed to follow through on those assurances.
Posted on: Fri, 05 Dec 2014 17:43:58 +0000
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