Uhuru case stalls as Bensouda runs short of evidence
COURT BATTLE | President’s lawyers ask for case to be dropped but prosecutor wants Kenya ordered to release more info
International Criminal Court (ICC) Prosecutor Fatou Bensouda yesterday admitted she lacks evidence to prosecute President Uhuru Kenyatta over the 2007/2008 post-election violence. She once again accused the Kenya government of stalling the case by refusing to provide records of what the President owns, details of his bank accounts and financial transactions around the period the violence occurred. Ms Bensouda said the 73 documents submitted to the ICC by the government were insufficient and did not meet the criteria for full cooperation with the court. She asked the court for another adjournment, the fourth in the case. President Kenyatta’s lawyers have until Wednesday to respond to Ms Bensouda’s submissions. The case against Mr Kenyatta was to begin on October 7. In the notice filed yesterday, Ms Bensouda sought to have the start of the trial postponed until such a time the government fully complies with the request for his financial and property records. In the four-page notice, Ms Bensouda asked the Trial Chamber to ensure the requested items are obtained from the Kenya government.
“Pursuant to the Chamber’s August 28 order, the prosecution hereby provides notice that as matters currently stand, it will not be in a position to proceed with the trial on October 7,” Ms Bensouda said. From an evidentiary standpoint, she said, the situation is the same as when the prosecution sought an adjournment of the trial date on December 19, last year. “The available evidence is insufficient to prove Mr Uhuru Kenyatta’s alleged criminal responsibility beyond reasonable doubt,” Ms Bensouda said, but noted that it would be inappropriate for the Prosecution to withdraw the charges against Mr Kenyatta before the Government of Kenya (GoK) complies with the revised request. “First, doing so (withdrawing the charges) would undermine the purpose of the Chamber’s March 31 decision — to ensure that the GoK fulfils its cooperation obligations to the court,” she said.
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International Criminal Court (ICC) Prosecutor Fatou Bensouda yesterday admitted she lacks evidence to prosecute President Uhuru Kenyatta over the 2007/2008 post-election violence. She once again accused the Kenya government of stalling the case by refusing to provide records of what the President owns, details of his bank accounts and financial transactions around the period the violence occurred. Ms Bensouda said the 73 documents submitted to the ICC by the government were insufficient and did not meet the criteria for full cooperation with the court. She asked the court for another adjournment, the fourth in the case. President Kenyatta’s lawyers have until Wednesday to respond to Ms Bensouda’s submissions. The case against Mr Kenyatta was to begin on October 7. In the notice filed yesterday, Ms Bensouda sought to have the start of the trial postponed until such a time the government fully complies with the request for his financial and property records. In the four-page notice, Ms Bensouda asked the Trial Chamber to ensure the requested items are obtained from the Kenya government.
“Pursuant to the Chamber’s August 28 order, the prosecution hereby provides notice that as matters currently stand, it will not be in a position to proceed with the trial on October 7,” Ms Bensouda said. From an evidentiary standpoint, she said, the situation is the same as when the prosecution sought an adjournment of the trial date on December 19, last year. “The available evidence is insufficient to prove Mr Uhuru Kenyatta’s alleged criminal responsibility beyond reasonable doubt,” Ms Bensouda said, but noted that it would be inappropriate for the Prosecution to withdraw the charges against Mr Kenyatta before the Government of Kenya (GoK) complies with the revised request. “First, doing so (withdrawing the charges) would undermine the purpose of the Chamber’s March 31 decision — to ensure that the GoK fulfils its cooperation obligations to the court,” she said.
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