ICC Chief Prosecutor Fatou Bensouda tightened the criminal charges on President Uhuru Kenyatta when she surprised Uhuru’s defence team with the strongest legal objections ever to push for the continuation of Uhuru’s case.
She had recently been accused by Victim’s lawyer for being too soft on Uhuru whose case, according to the Prosecutor, is crumbling because of massive witness tampering.
Bensouda termed Uhuru’s defence request to term the President’s case as “premature”, citing several requirements not yet met.
“Before the possibility of withdrawing the charges is considered, the Chamber should rule upon the Prosecution’s application for a finding that the Government of Kenya(“GoK”)has failed to comply with its obligations under the Rome Statute(“Non-Compliance Application”),” Bensouda objected in a new application to the court.
“Forcing the Prosecution to withdraw its charges before this issue is adjudicated would reward an obstructive government and send a message that the Court will allow non-co-operative States to thwart ICC prosecutions without sanction” reads part of Bensouda’s new application to the court.
“Withdrawing the charges now would also reward the Accused,who heads the government that has obstructed the Court’s work,and who is in a position to ensure that the GoK complies with its treaty obligations, if he wishes it to do so. The GoK’s continuing violation of its obligations under the Accused’s leadership negates any argument that he would be unfairly prejudiced by the continuation of proceedings until the GoK’s non-co-operation has been adjudicated,” says Bensouda.
In essence, the Prosecutor demands the following from the court:
(i) Reject the Defence’s request to terminate the proceedings;
(ii) Adjudicate the Non-Compliance Application, find that the GoK has not complied with its co-operation obligations, and order the GoK to comply;
(iii) Adjourn the Accused’s case until the GoK complies with its obligations.
Meanwhile, DP Ruto’s case continues as if he is not the Deputy President. Witnesses are still intact and he may be found guilty sooner rather than later.