ICC Judges have officially terminated charges of crimes against humanity charges against President Uhuru Kenyatta but declined to acquit him.
This means Uhuru finally has secured his freedom, however, Prosecutor Fatou Bensouda will be able to press new charges if she gathers evidence.
“The Chamber notes that summons to appear should now be formally discharged and the conditions therein will cease to have effect,” the three-judge bench ruled yesterday.
However, the judges warned the Court still retains jurisdiction over witness tampering as well as interference with the collection of evidence.
They also ruled that it may be necessary to revisit the case, depending on the outcome of an appeal that Bensouda intends to lodge about what she considers Kenya’s lack of cooperation with the court.
The three-judge bench headed by Japanese Judge Kuniko Ozaki said the ruling does not immediately end the mandate of Legal Representative Fergal Gaynor, who represents the victims of the 2007-08 post-election violence.
“The Chamber considers that the termination of these proceedings is not without prejudice to the continuation of the mandate of Legal Representative of Victims for such a limited period as may be necessary,” the judges said.
Early this week, the judges allowed Bensouda to appeal a decision not to sanction Kenya to the Assembly of States Parties for non-compliance.
The Gambian-born prosecutor has insisted the Assembly bringing together the court’s 122 signatory states should be allowed to pressurise Kenya to disclose Uhuru’s financial and phone records. She insists that collapse of the Uhuru case was the result of Kenya’s failure to cooperation and turn over the
“The decision fails to recognise that the ASP referral is the only effective remedy available to the court in the face of persistent non-cooperation in the Kenya situation,” Bensouda submitted.
“In doing so, it unintentionally emboldens the GoK in its obstruction of the proceedings and deprives the Prosecution of any remedy,” she said.
