The ICC Appeals Chamber has avoided making a conclusive decision on whether to refer Kenya to Assembly of States Parties for non-compliance with the court in the case against President Uhuru Kenyatta. The ruling is said to have sparked flurry of activity in Statehouse, AG’s office and Harambe House where Uhuru top legal minds, alleged Ruto fixers, alleged witness hunters, PR and strategists are based.
Instead, the judges on Wednesday unanimously agreed to refer the matter back to the Trial Chamber.
ICC President Silvia de Gurmendi, who read a summary of the judgment in an open court, also said the â€œtrial chamber erred in conflating the criminal case against Mr Kenyatta and the conduct of the prosecution staffâ€.
â€œIn the present decision, the Trial Chamber was, and remains, relevant in handling the matter of non-cooperation,â€ the judge said.
However, Judge Silvia said referring the non-cooperation matter to the Assembly, the UN Security Council or any other relevant external actor was not the only way in fostering cooperation between the court and States Parties.
Such decision can only be taken in extreme circumstances, he added.
ICC Prosecutor Fatou Bensouda had appealed the Trial Chamberâ€™s decision not to refer Kenya to the Assembly though it made a finding that Kenyaâ€™s non-compliance with its Rome Statute obligations contributed to the formal withdrawal of the case against Mr Kenyatta.
Mr Kenyatta had been accused of crimes against humanity, stemming from the 2007/08 post election violence.
I think Uhuru was only cleared temporarily to create grounds for Obama to visit. Uhuru case seems set for reinstatement.now that Obama came and went. Bensouda is determined to nail Kenya’s leadership for non cooperation, which is just a euphemism for obstruction of justice and witness intimidation Observed security analyst Sospeter
Additional Reporting by Nation