{UAH} NOW THIS IS SO BAD TO OCEN NEKYON

Kenyatta Off ICC Hook

3 hours ago 167 Viewed Kenneth Kazibwe Be the First to Comment

President Uhuru Kenyatta

The International Criminal Court (ICC) has dropped charges of crimes against humanity slapped on Kenyan president Uhuru Kenyatta after prosecution said it did not have enough information to implicate the head of state, Chimp Corps report.

ICC prosecutor, Fatou Bensouda, said Kenya government refused to cooperate with investigators in providing necessary evidence against Uhuru’s active participation in the 2007 post-election violence that left thousands dead.

“Contrary to the Government of Kenya’s public pronouncements that it has fully complied with its legal obligations in this case, the ruling has confirmed that in fact it has breached its treaty obligations under the Rome Statute by failing to cooperate with my investigation,” said Bensouda on Friday.

Mr Kenyatta is charged, as an indirect co-perpetrator, with five counts of crimes against humanity consisting of murder, deportation or forcible transfer, rape, persecution and other inhumane acts allegedly committed during the post-election violence in Kenya in 2007-2008.

Charges were confirmed on 23 January 2012, and the case was committed to trial before the Hague-based court.

The news is likely to excite Kenyatta’s supporters back home and also confirm widely-held reports that indeed the ICC did not have any substantial information against the President.

Kenyatta has maintained his innocence, saying ICC was in possession of fabricated evidence to bring down his presidency and plunge the nation into turmoil.

Africa Union recently resolved that no sitting president should appear at ICC which they accused of serving western neo-colonial interests.

But supporters of ICC contend that the absence of ICC would encourage African leaders to abuse human rights with impunity.

Kenya’s cooperation

On Wednesday, the Judges of Trial Chamber V (B) of the International Criminal Court (ICC) found that the Government of Kenya had failed to adequately cooperate with Bensouda’s investigations in the case against Kenyatta.

The Chamber stated, “[it] finds that, cumulatively, the approach of the Kenyan Government […] falls short of the standard of good faith cooperation” and “that this failure has reached the threshold of non-compliance” required under the Rome Statute.

In its ruling, the Chamber, therefore, found, “[…] that the Kenyan Government’s non-compliance has not only compromised the Prosecution’s ability to thoroughly investigate the charges, but has ultimately impinged upon the Chamber’s ability to fulfill its mandate under Article 64, and in particular, its truth-seeking function in accordance with Article 69 (3) of the Statute.”

Bensouda said, “This is a significant finding,” adding, “The Judges have thus determined the status of the Kenyan Government’s cooperation in the case against Mr. Kenyatta.”

In a frustrated tone, the prosecutor added: “I have persistently sought to secure the cooperation that my Office required from the Government of Kenya in this case in order to execute my mandate.  Crucial documentary evidence regarding the 2007-2008 post-election violence, including concerning the conduct of the accused, can only be found in Kenya  and is only accessible to the Prosecution through the assistance of the Government of Kenya.  This crucial assistance was ultimately not provided, as confirmed by the recent decision of the Trial Chamber.”

She added: “In addition to this failure on the part of the Government of Kenya, my Office has faced other severe challenges, which have hampered my ability to thoroughly investigate the 2007-2008 post-election violence, and ultimately, frustrated the investigations in this case.”

Some of the challenges she faced include a “steady and relentless stream of false media reports about the Kenya cases; an unprecedented campaign on social media to expose the identity of protected witnesses in the Kenya cases; and concerted and wide-ranging efforts to harass, intimidate and threaten individuals who would wish to be witnesses.”

Bensouda further revealed that the Government of Kenya’s failure to provide her office important records has had a severe adverse impact on this case.

“It has deprived the victims of their right to know the full account of what transpired in 2007-2008.  It has further undermined my ability to carry out a full investigation.  And finally, it has prevented the Judges from carrying out their critical functions of assessing the evidence and determining the truth. Ultimately, the hurdles we have encountered in attempting to secure the cooperation required for this investigation have in large part, collectively and cumulatively, delayed and frustrated the course of justice for the victims in this case.”

 

 

EM

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