ICC Drops Charges Against Uhuru Kenyatta

On October 7th, 2014, I wrote about how Kenyan leader Uhuru Kenyatta would agree to be tried in the International Criminal Court. On Friday December 5th, 2014, Al Jazeera reported that the ICC’s chief prosecutor dropped charges against the Kenyan leader. As Al Jazeera explains, “Kenyatta had been charged with murder, rape, persecution, deportation and other inhumane acts as an “indirect co-perpetrator” in violence that flared after Kenya’s 2007 elections and left more than 1,000 people dead.”

The prosecution had issues with their actions against Kenyatta. For example, “Kenyatta’s trial was postponed twice this year while prosecutors attempted to shore up their case after a key prosecution witness refused to testify and another admitted giving false evidence. Earlier this week, judges gave prosecutors a week to announce if their case was strong enough or to drop the charges” (Al Jazeera, 2014). And, according to a BBC report, “A statement said the evidence had “not improved to such an extent that Mr Kenyatta’s alleged criminal responsibility can be proven beyond reasonable doubt”.”

But according to reports, “The prosecution repeatedly asked for more time to build its case, saying witnesses had been bribed and intimidated, and the Kenyan government had refused to hand over documents vital to the case.”

As Al Jazeera mentioned, states must be committed to the ICC procedures. If they are not, it can be very difficult for the ICC prosecutors to get all necessary information that they request. 

If true, it is sad that the Kenyan officials would not work to ensure that all information was given to prosecutors, who then could make a case to see whether Kenyatta was guilty. Many believe that he in fact did have a role in the 2007 violence as a co-perpetrator, but now, without a trial, many will surely question whether justice was carried out.