ICC judges now terminate case against Uhuru


President Uhuru Kenyatta with Mr Stephen Kay, one of his lawyers, at the ICC court at The Hague. PHOTO | REUTERS

Judges at the International Criminal Court (ICC) have terminated charges against President Uhuru Kenyatta, bringing a formal end to one of two Kenya cases at the court over the 2008 post-election violence.

They vacated a summons to appear that had been issued against him, but retained jurisdiction over witness interference and evidence collection.

The trial Chamber V (B) Chamber acted following the move by the prosecution to withdraw the case citing lack of adequate evidence to sustain proceedings.

“Noting the Prosecution’s withdrawal of charges against Mr Kenyatta, the Chamber decided to terminate the proceedings in this case and to vacate the summons to appear,” reads the statement from The Hague based Court.

The Chamber, however, warned that the Court retains jurisdiction over any interference with a witness or with the collection of evidence and that the protective measures ordered for witnesses and victims shall continue, subject to the review by the Court.

The withdrawal of charges comes barely a week after the prosecution was allowed to appeal a decision declining a request to refer the Kenyan Government to the Assembly of State Parties (ASP) over non-cooperation in the case against Mr Kenyatta.

Kenya is accused of failing to comply with a request to produce financial and other records relating to President Kenyatta.

In December, ICC judges rejected the application by Chief Prosecutor Fatou Bensouda to refer Kenya to the ASP, which comprises countries that are signatories to the Rome Statutes.

The other Kenya case at the ICC, the trial of Deputy President William Samoei Ruto and former journalist Joshua arap Sang, is ongoing.