Bensouda allowed to appeal Kenya’s case

What you need to know:

  • "In its decision, today, 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 cooperation," said the ICC in a statement.
  • President Kenyatta’s charges against humanity were dropped by the ICC Prosecutor over what she termed as non-cooperation by the government.
  • But in a quick rejoinder, Kenya’s ambassador to the United Nations Macharia Kamau hit back at Ms Bensouda saying the decision to keep pursuing the Kenyan case was “in keeping with the unfortunate and insensitive behaviour by the Office of The Prosecutor (OTP).”

ICC prosecutor Fatou Bensouda was on Monday allowed to appeal the decision of the trial chamber, which had stopped her attempts to refer the government to the Assembly of State parties for non-compliance.

If she is successful, the government may in future be compelled to provide information requested by the court.

This could be a win for Ms Bensouda, who has maintained that even though the charges against President Kenyatta were withdrawn, they could be revisited in future if further evidence against him becomes available.

President Kenyatta’s charges against humanity were dropped by the ICC Prosecutor over what she termed as non-cooperation by the government.

ASP can punish a country deemed as non-complaint.

But in a quick rejoinder, Kenya’s ambassador to the United Nations Macharia Kamau hit back at Ms Bensouda saying the decision to keep pursuing the Kenyan case was “in keeping with the unfortunate and insensitive behaviour by the Office of The Prosecutor (OTP).”

READ: BENSOUDA WANTS KENYA CASE CITED AT STATE PARTIES
The Prosecutor argued that Kenya failed to provide crucial financial records including M Pesa transactions of President Kenyatta in a bid to prove that he funded the 2008 post-election violence. In reaching the decision to allow Ms Bensouda to appeal an earlier decision of the Trial Chamber, Judges Kuniko Ozaki (Presiding), Robert Fremr, and Geoffrey Henderson, called for submissions from the prosecution, the government and the legal representative for victims.

When appealing the decision of the judges, Ms Bensouda said the chamber may have misused its discretion not to refer a State to the ASP, and that decision could affect future cooperation and investigations in relation to the accused by the court.

Yesterday, Mr Kamau said the Kenyan government was committed to also exonerate and free Deputy President William Ruto.
“We will not let anyone erode our victories nor undermine our determination to extricate the DP from the misguided and mismanaged court process led by the OTP, nor continue to tarnish the honour of the President of the Republic of Kenya,” said the ambassador.

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