Prosecutors at the International Criminal Court in The Hague have said they are withdrawing charges against Kenyan President Uhuru Kenyatta.Uhuru Kenyatta, who was elected president in March 2013, is accused of crimes against humanity committed during post-electoral violence in Kenya in 2007-2008.However, the trial, originally scheduled to start on February 5, was postponed after ICC Prosecutor Fatou Bensouda on December 19, 2013 asked for an indefinite delay. The delay would give her office more time to boost her evidence after the withdrawal of two key witnesses. One said he was no longer willing to testify in the case, while the other said he had given false evidence.A statement released today said the evidence had not improved to such an extent that Kenyattas alleged criminal responsibility can be proven beyond reasonable doubt. “The Government of Kenyas failure to provide my Office important records has had a severe adverse impact on this case. It has deprived the victims of their right to know the full account of what transpired in 2007-2008. It has further undermined my ability to carry out a full investigation. And finally, it has prevented the Judges from carrying out their critical functions of assessing the evidence and determining the truth,” The statement reads in part. “Ultimately, the hurdles we have encountered in attempting to secure the cooperation required for this investigation have in large part, collectively and cumulatively, delayed and frustrated the course of justice for the victims in this case.” it adds. ICC Prosecutor Fatou Bensouda further mentioned false media reports about the case, an unprecedented campaign to expose the identity of protected witnesses on social media and concerted and wide-ranging efforts to harass, intimidate and threaten individuals who would wish to be witnesses as the other challenges that frustrated her investigations.Her Move is based on a decision early this week, by judges Kuniko Ozaki, Robert Fremr and Geoffrey Henderson who refused to grant her request to adjourn the case indefinitely. Bensouda had requested for more time until the government provides all the records she had asked for.They instead gave the prosecutor seven days to withdraw the charges if she does not have enough evidence to go to trial.The prosecution has since the indictment faced not only the withdrawal of witnesses but also strong pressure from some African leaders. Since Kenyatta and his Deputy President William Ruto were elected despite the ICC accusations against them, the African Union has mobilized, claiming that serving leaders of their rank should not be prosecuted by the ICC.On October 8, Prosecutor Fatou Bensouda had told the court that nothing had changed from what she had reported in December 2013: that she did not have sufficient evidence to prove that Kenyatta was guilty of crimes against humanity.The judges however left the door open for Bensouda, should she withdraw the current case, to charge Kenyatta afresh with the same offenses if she got the evidence at some point in the future.
Posted on: Fri, 05 Dec 2014 13:18:10 +0000
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