ICC-Kenya: prosecution still not ready to proceed

10 September 2014 by Janet H. Anderson, The Hague (The Netherlands)

For the second time, ICC prosecutor Fatou Bensouda has conceded that she does not have enough evidence to put Kenyan president Uhuru Kenyatta on trial for his alleged role in post-election violence in Kenya in 2007-2008. 

The trial was due to start in October, but the prosecutor said in a submission to the trial chamber that she will “not be in a position to proceed” because the Kenyan authorities have failed to cooperate with the court’s orders to provide her with eight categories of documents: bank records, tax returns, foreign exchange records, company records, land ownership, vehicle ownership, telephone records and intelligence records. Without these, she lacks the evidence to support a case beyond reasonable doubt. However, Bensouda also told the court that it would be “inappropriate” to withdraw the charges completely. 

Ruto & Sang case

In the trial against Kenyan vice president William Ruto and journalist Joshua Sang, which began a year ago this month, judges agreed, after two days of questioning by the prosecutor, to declare the latest prosecution witness “hostile”. Presiding judge Chile Eboe-Osuji stated that “the chamber has noted the extensive degree in which the witness’ testimony has diverged from the statement he provided to the prosecution”. 

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