English   |    French

  Friday AM

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

Journalists for Justice / 20 September 2016

New battle lines opened up between Kenya and the International Criminal Court after judges found that the government had failed to honour prosecution requests for information in the case against President Uhuru Kenyatta.

The decision will be a Pyrrhic victory for ICC Prosecutor Fatou Bensouda, who was forced to terminate the case against Kenyatta for lack of sufficient evidence, which she blamed on the Kenya Government’s failure to supply.

Trial Judges Kuniko Ozaki (presiding) Robert Fremr and Geoffrey Henderson referred Kenya to the Assembly of States Parties 13 months after the Appeals Chamber at the ICC ordered them to review their December 3, 2014 decision in which they had made a finding of non-compliance but stopped of short of recommending any action.

Kenya is the first country to be referred to the ASP for failing to honour its treaty obligations to cooperate with the court on investigations, even though the Democratic Republic of Congo, although it has been cited alongside Uganda, Sudan, Chad and Djibouti at the ASP and the UN Security Council for failing to arrest Sudanese President Omar el Bahssir who is wanted at the ICC for genocide and war crimes. The annual ASP, scheduled for November 16 and 24 this year, will likely turn into a diplomatic battleground even though the referral might not come up for formal discussion.

Judges decided that “judicial remedies had been exhausted and that the cooperation proceedings had reached a deadlock”.

“Despite the passage of a further 18 months … it appears that no further progress has been made in implementation of the [prosecution’s request],” the judges said in their 18-page decision released on Monday.

Since 2013, after crimes against humanity charges were confirmed for four Kenyatta, former head of the public service Francis Muthaura, Deputy President William Ruto and journalist Joshua arap Sang, has sent large delegations to the ASP each year at The Hague and in New York to lobby for rule changes and termination of the cases. Other diplomatic endeavours have targeted the African Union, whose open-ended ministerial committee on the ICC is expected to meet the United Nations Security Council this week to push for immunity of heads of state from prosecution, as well as the deferral of the genocide and war crimes cases against Sudanese President Omar el Bashir. They also hope to raise issues on the execution of arrest warrants, rules of procedure and the use of regional courts in place of the ICC.

Already, Kenya has threatened to withdraw its signature from the Rome Statute, the treaty creating the ICC, with a private member's draft law to make good the threat being considered in the National Assembly.

 

 

 

 

< >

Other Headlines


ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

Police Protection Needed for Judiciary

BY Journalists For Justice / ON 20 September 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

How Kony used spirit possession to bind fighters to LRA

BY Journalists for Justice / ON 19 September 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

First guide on how victims can participate at international courts

BY Journalists for Justice / ON 18 September 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

The ICC urged to investigate crimes committed in Burundi

BY Journalists For Justice / ON 07 September 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

Kenyan authorities urged to investigate police use of excessive force

BY Journalists For Justice / ON 28 August 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

Glimmer of hope for Gbagbo as appeal judges order review of his detention

BY Susan Kendi / ON 21 July 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

Kenya: Rift Valley Violence Threatens Voting

BY Journalists for Justice / ON 19 July 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

Top ICC political team recommends South Korean Kwon for ASP boss

BY Journalists for Justice / ON 07 July 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

South Africa gets a slap on the wrist for failure to arrest Bashir

BY Journalists for Justice / ON 06 July 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

Diplomatic row over possible second term for Kaba as president of ICC states

BY Journalists for Justice / ON 03 July 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

ICC judges’ visit to Auschwitz not without controversy

BY Journalists for Justice / ON 28 June 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

ICC judges pay their respects to victims of Auschwitz

BY Journalists for Justice / ON 28 June 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

Looking Uhuru Kenyatta’s IDP gift horse in the mouth

BY Journalists for Justice / ON 28 June 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

UN puts British colonialism In Africa before Hague world court

BY Journalists for Justice / ON 28 June 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

Ntaganda takes the stand in his own defence at the ICC

BY Susan Kendi / ON 27 June 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

Human rights violations persist in a climate of widespread fear in Burundi

BY Susan Kendi / ON 27 June 2017

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

Thousands of post-election violence rapists went scot-free in Kenya

BY Editor / ON 02 May 2017

 Would this money be part of the Sh6 billion set aside for the Internally Displaced Persons integrated into various communities at the time of the conflict in Kenya? If the answer is in the affirmative, the President’s action would not only be a violation of a High Court order, but it would also seem to be using the money as a bribe to voters ahead of the August 8 elections.


Read More

-->