ICC asked to reconsider Kenya's lack of cooperation in Uhuru case

The ICC Appeals Chamber has avoided making a conclusive decision on whether to refer Kenya to Assembly of States Parties for non-compliance with the court in the case against President Uhuru Kenyatta.

Instead, the judges on Wednesday unanimously agreed to refer the matter back to the Trial Chamber.

ICC President Silvia de Gurmendi, who read a summary of the judgment in an open court, also said the “trial chamber erred in conflating the criminal case against Mr Kenyatta and the conduct of the prosecution staff”.

“In the present decision, the Trial Chamber was, and remains, relevant in handling the matter of non-cooperation,” the judge said.

However, Judge Silvia said referring the non-cooperation matter to the Assembly, the UN Security Council or any other relevant external actor was not the only way in fostering cooperation between the court and States Parties.

Such decision can only be taken in extreme circumstances, he added.

ICC Prosecutor Fatou Bensouda had appealed the Trial Chamber’s decision not to refer Kenya to the Assembly though it made a finding that Kenya’s non-compliance with its Rome Statute obligations contributed to the formal withdrawal of the case against Mr Kenyatta.

Mr Kenyatta had been accused of crimes against humanity, stemming from the 2007/08 post election violence.