President Uhuru requests ICC to terminate charges

President Uhuru Kenyatta's lawyer Steven Kay at the International Criminal Court (ICC). PHOTO | FILE

What you need to know:

  • The first attempt was made shortly after the prosecution dropped charges against former head of Public Service Francis Muthaura. He made another attempt in October 2013 after the withdrawal of key witnesses.
  • This came as the victims asked the Trial Chamber to make a finding of non-compliance and refer Kenya to the Assembly of State Parties of the Rome Statute.

President Uhuru Kenyatta has requested the International Criminal Court (ICC) to drop charges against him after prosecutor Fatou Bensouda said she had insufficient evidence.

His lawyers also asked the judges to reject Ms Bensouda’s request for an adjournment.

“By proclaiming insufficiency of evidence ‘at the door of the court’, yet seeking to prolong the proceedings indefinitely, the prosecution has placed the accused in a position not countenanced by the Statute, nor by any true conception of justice, namely that of an individual in respect of whom there is insufficient evidence to prosecute but who must nevertheless endure the stigma of criminal charges and subjection to a prolonged criminal process,” argued his lawyers, Steven Kay and Gillian Higgins.

“The defence respectfully requests the chamber to deny the prosecution’s request for a further adjournment, terminate proceedings, and issue a final determination of the charges against Mr Kenyatta,” the defence said.

This is the third time Mr Kenyatta is requesting for the termination of the charges.

The first attempt was made shortly after the prosecution dropped charges against former head of Public Service Francis Muthaura. He made another attempt in October 2013 after the withdrawal of key witnesses.

REFER KENYA TO ASSEMBLY OF STATE PARTIES

This came as the victims asked the Trial Chamber to make a finding of non-compliance and refer Kenya to the Assembly of State Parties of the Rome Statute.

Their lawyer, Mr Fergal Gaynor, in response to the prosecution’s September 5 request for indefinite adjournment, asked the Trial Chamber to consider the possibility of issuing a warrant of arrest against Mr Kenyatta for obstruction of justice.

“The Trial Chamber should make a finding of non-compliance under Article 87(7), and warn the accused of his liability for arrest for obstruction of justice in violation of the summons conditions in this case,” said Mr Gaynor in his submission on behalf of the 20,000 victims.

Ms Bensouda had asked the chamber to indefinitely postpone the trial because “the available evidence is insufficient to prove Mr Uhuru Kenyatta’s alleged criminal responsibility beyond reasonable doubt.”