ICC takes Kenya to Assembly of State Parties for non-compliance

ICC takes Kenya to Assembly of State Parties for non-compliance

The International Criminal Court (ICC) Trial Chamber V(B) has now referred the Kenyan government to the Assembly of States Parties of the Rome Statute for failing to cooperate with the court in President Uhuru Kenyatta’s case.

In a decision issued Monday, September 19, Trial Chamber V(B) judges found Kenya had failed to comply with its obligations to ICC and ASP will now address how to make Kenya cooperate with the Hague Court.

Prosecutor Fatou Bensouda had on November 29, 2013 filed a case before ICC trial judges for Kenya to be declared non-cooperative, claiming it had failed to produce requested records relating to President Kenyatta.

The Trial Chamber had on December 3, 2014 rejected the application but Bensouda filed an appeal on March 20, 2015 and the Appeals Chamber reversed the decision referring it to the Trial Chamber.

According to the Rome Statute, all States Parties must cooperate fully with ICC in its probes and prosecutions, failure to which the court can use the ASP or the UN Security Council for action.

President Kenyatta was charged with five counts of crimes against humanity allegedly committed during 2007,08 post poll chaos but the case was terminated on March 13, 2015 amid witness and evidence tampering claims.