ICC says Kenya Did Not Cooperate, Ignored Request for Evidence in Uhuru Kenyatta Case

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Kenya has failed to comply with its obligations to cooperate with the International Criminal Court in the case of President Uhuru Kenyatta, a judge of the Trial Chamber ruled, referring the country for non-compliance.

By so doing, the court now refers the matter to the Assembly of States Parties to the Rome Statute (ASP) which, according to the Trial Chamber, “would be best placed to address the lack of cooperation, in order to provide an incentive for the Kenyan Government to cooperate with the Court”.

On 29 November 2013, the Prosecution had 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 records relating to Uhuru Kenyatta.

On 3 December 2014, Trial Chamber V(B) rejected the application for referral of the matter to the ASP.

The Prosecutor appealed this decision on 20 March 2015. On 19 August 2015, the ICC Appeals Chamber reversed this first decision and remanded it to the Trial Chamber.

The court found that “the Republic of Kenya had failed to comply with its obligations to cooperate with the ICC and referred the matter” to the court’s governing body, the court said in a statement on Monday.