Politics and policy
President Uhuru Kenyatta. His government is accused of obstruction. PHOTO | FILE
By GERALD ANDAE
ICC prosecutor Fatou Bensouda has been 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 President Uhuru Kenyatta.
Kenya is accused of failing to comply with a request to
produce financial and other records relating to President Kenyatta,
whose case was terminated for lack of evidence, to support the
proceedings.
In December, ICC judges rejected the application by
Ms Bensouda to refer Kenya to the ASP—which comprises countries that
are signatories to the Rome Statutes.
The prosecution had in November filed an application for the ICC to declare Kenya a non-cooperative country.
“In its decision, yesterday, Trial Chamber
considered the request and the observations made by the Kenyan
government and the legal representative of the victims. The chamber
decided to authorise the prosecutor to appeal the decision on Kenya’s
co-operation,” reads the statement from the court.
Mr Kenyatta was charged, as an indirect
co-perpetrator, with five counts of crimes against humanity consisting
of murder, deportation or forcible transfer, rape, persecution and other
inhumane acts allegedly committed during the post-election violence in
Kenya in 2007-2008.
Prosecutors in December dropped the charges against
Mr Kenyatta. Prosecutors said Mr Kenyatta, the first sitting president
to have attended a session of the court, used his powers to obstruct the
investigation, especially since becoming head of state in 2013 March.
Mr Kenyatta’s lawyers denied this. The court did
not acquit President Kenyatta, so charges could be brought again if more
evidence becomes available.
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