Image: Uhuru Kenyatta/Flickr
December 5, 2014 — The ICC prosecutor, Fatou Bensouda, has announced her decision to withdraw charges against President Uhuru Kenyatta of Kenya. Her decision came after the Trial Chamber [5B], on 3 December 2014, declined an application for a further adjournment of the trial. The prosecutor made the request on September 5, 2014.
President Kenyatta, the first sitting president to be charged and appear before the court, was indicted following a wave of ethnic violence after disputed elections in 2007. Kenyatta was accused of helping to orchestrate and to finance the violence in Nakuru and Naivasha, which resulted in 1,200 fatalities. More than 600,000 people fled their homes.
Although President Kenyatta denied the charges, he cooperated with and appeared before the I.C.C.
The prosecutor cited a lack of evidence, which meant that President Kenyatta’s alleged criminal responsibility could not be proven beyond reasonable doubt. She explained that her decision was “notwithstanding her personal commitment to [pursue] justice for the victims of violence”. However, she could only proceed to trial if there were reasonable prospects of a conviction based on existing evidence.
Ms Bensouda explained that, despite her persistent efforts and those of her team to advance the course of justice in Kenya, “those who have sought to obstruct the path of justice” have deprived the people of Kenya of accountability.
She recounted ‘the severe challenges’ that her office has faced in its investigation of Mr Kenyatta, which include included that:
- Several witness have died while others were too terrified to testify;
- Key witnesses later withdrew or recanted their version — including witnesses who later alleged that they had lied to the Office of the Prosecutor; and
- the Kenyan government refused to comply or to thoroughly investigate the charges.
Ms Bensouda explained the her decision was painful for the victims of the 2007 violence, who have waited for almost seven years to see justice.
She was emphatic that the withdrawal of charges is without prejudice to the possibility of bringing new charges against Mr Kenyatta “[a]t a later date, based on the same or similar factual circumstances, should [the Prosecution] obtain sufficient evidence to support such a course of action”.
Ms Bensouda was also careful to underscore that her decision was based on the specific facts of the case, and no “other consideration”. She reaffirmed that her decisions have always been based on the law. This, without doubt, is a reference to mounting pressure from African leaders. Leaders, individually and collectively under the banner of the African Union, have accused the I.C.C of targeting the African continent.
Watch the full statement below:
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