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Kenya’s envoy to UN hits back at Bensouda

Monday March 9 2015

Kenya’s ambassador to the United Nations Mr

Kenya’s ambassador to the United Nations Mr Macharia Kamau. He said the decision to keep pursuing the Kenyan case was “in keeping with the unfortunate and insensitive behaviour by the Office of The Prosecutor.” FILE PHOTO | NATION MEDIA GROUP

B M J MURIITHI
By B M J MURIITHI
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New York
Kenya’s ambassador to the United Nations has hit back at the International Criminal Court (ICC) prosecutor, Ms Fatou Bensouda following her insistence on referring Kenya to the Assembly of state parties for ‘non-cooperation’ with the Hague based court.

In a terse, hard hitting, statement sent to the Nation Monday, Mr Macharia Kamau said the decision to keep pursuing the Kenyan case was “in keeping with the unfortunate and insensitive behaviour by the Office of The Prosecutor (OTP).”

On Monday, Ms Bensouda was allowed to appeal a decision declining a request to refer the Kenyan Government to the Assembly of State Parties.

Monday, Mr Kamau said the Kenyan government was committed to also exonerate and free deputy president William Ruto.

INSENSITIVE BEHAVIOUR

“We remain vigilant and watchful on all the Kenya cases. 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 statement sent exclusively to the Daily Nation from New York.

"While this development was not unexpected, it is clearly in keeping with the unfortunate and insensitive behaviour of the OTP,” added Mr Kamau.

On November 29, 2014, the prosecution filed an application for a finding of non-cooperation against the Kenyan Government, alleging that the government had failed to comply with a request to produce financial and other records relating to Mr Kenyatta.

On December 3, 2014, the ICC issued a decision rejecting this application and declining to refer the matter to the ASP. On December 9, 2014, the prosecution filed a request for leave to appeal the decision of December 3, 2014.