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Bensouda asks judges not to drop Uhuru charges

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ICC Chief Prosecutor Fatou Bensouda. The prosecutor claims terminating the case before then would amount to rewarding impunity. PHOTO | FILE

International Criminal Court prosecutor Fatou Bensouda has asked judges to reject an application by President Uhuru Kenyatta seeking to have the crimes against humanity charges against him terminated.

Ms Bensouda said the Kenya government had failed to facilitate the release of vital documents, including President Kenyatta’s financial statements, to the prosecution.

“The prosecution’s request for assistance is of critical importance. It seeks information relevant to a central allegation in this case — the alleged funding of the post-election violence,” reads the statement signed by Ms Bensouda.

The prosecutor in December said she did not have enough evidence and sought for adjournment of Mr Kenyatta’s trial to allow further investigations. The court is set to hold a status conference on Wednesday.

Key witnesses withdrew from the case, forcing the prosecution to ask for more time to find other witnesses.

“It is a situation where a State has refused to provide information that could prove decisive, both from an incriminatory and exculpatory perspective, in a prosecution for crimes of the most serious international concern,” reads the statement.

She said since President Kenyatta was sworn in, her office has faced difficulties in working with the government. She claims that some people who had given interviews to the defense had rejected requests to be interviewed by her office.

READ: ICC to use experts and documents in Kenya court cases

Ms Bensouda wants the application of alleged non-compliance by the Kenya government determined under the Rome Statute before the case can be terminated.

The prosecutor claims terminating the case before then would amount to rewarding impunity and sending a wrong signal to other accused people. She wants the case adjourned indefinitely until such a time when the government complies and provides the information she seeks.

“While the charges against him (President Kenyatta) would remain in place until the GoK (Government of Kenya) complies, he is in a position to ensure that the GoK does so,” said the prosecutor.

She said many individuals have, since December when she announced adjournment of the case, approached her office claiming to have information on President Kenyatta’s involvement in the 2007-2008 clashes.

However, she said they had not yielded evidence that would help the prosecution prove the case beyond reasonable doubt.

Last week, ICC judge Chile Eboe-Osuji pulled out of the case facing President Kenyatta in The Hague but no reason was given for the move. The court replaced him with judge Geoffrey A. Henderson.