Refer Kenya to assembly, say victims

What you need to know:

  • Mr Gaynor presented the written submissions to the Appeals Court on Friday in support of the prosecution’s request to set aside the Trial Chamber’s finding.

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.

In submissions to the Appeals Chamber, the 725 victims said they were aggrieved by the decision not to refer Kenya to the Assembly despite indications that it failed to cooperate with the Court.
Through their lawyer, Mr Fergal Gaynor, they want the decision by the lower chamber reversed.

Mr Gaynor presented the written submissions to the Appeals Court on Friday in support of the prosecution’s request to set aside the Trial Chamber’s finding.

He said there was enough evidence to show that Kenya had not been willing to help the court find justice for thousands of people affected by the 2007 post-election violence.

He said such interference would continue in other cases if the country was not referred.

“If state interference with collection of evidence emerges as a strategy in this case, this will almost certainly increase the likelihood that it will infect other cases,” he said.