The Government has written to the Trial Chamber V (B) of the International Criminal Court (ICC) requesting it not to be referred to the Assembly of State Parties to the Rome Statute for noncooperation. In an application to the Trial Chamber, Attorney General Githu Muigai asks the, “Chamber to determine that Kenya had not failed to comply with the Prosecution’s Revised Request, and instead direct the Prosecution to undertake further and effective investigations of its case in order to meaningfully engage the Government of the Republic of Kenya in cooperation on its requests.” Thus, he states that, “The Government of the Republic of Kenya submits that the Trial Chamber should maintain its decision not to refer the Republic of Kenya to the Assembly of States Parties.” Githu alleges that, “Chamber to determine that Kenya had not failed to comply with the Prosecution’s Revised Request, and instead direct the Prosecution to undertake further and effective investigations of its case in order to meaningfully engage the Government of the Republic of Kenya in cooperation on its requests. “ Githu alleges that, “At the moment, on the Prosecution’s own admission, the Prosecution is speculative and uncertain of the relevance of the evidence sought by the Revised Request. This is despite more than five years of active and sustained investigations since the prosecution was authorised to initiate proprio motu investigations into the situation in Kenya.” “Throughout the period in which this issue of cooperation has been pending, the Republic of Kenya has continued to avail unlimited and unrestricted entry to the Republic of Kenya of ICC officials and has continued to avail information and documents and materials available to the Republic of Kenya, not only in the present Kenya One situation case but in the Kenya Two situation case as well. This is in the public domain and the Court can independently verify the same. This case therefore cannot be described as fit and proper for referral to the Assembly of State Parties,” he adds. Read: Bensouda wins first round of battle to refer Kenya to ASP for noncooperationAnger, bitterness as victims seek to keep Kenyatta case aliveI share the victims’ frustrations in the Kenyatta case, says Bensouda Subsequently, 725 victims in President Kenyatta’s case at the ICC want Kenya to be referred to the Assembly of State Parties for not cooperating with the court. Further, they want the Trial Chamber to deny the Prosecution’s application not to review it.
