Prosecutor Fatou Bensouda has withdrawn the charges against
Kenya's President Uhuru Kenyatta at the International Criminal Court.
"In
light of the Trial Chamber’s 3 December 2014 “Decision on Prosecution’s
application for a further adjournment”, the Prosecution withdraws the
charges against Mr Kenyatta," the prosecutor said in her application to
the court on Friday.
She said the evidence had not
improved to an extent to which President Kenyatta's alleged criminal
responsibility could be proved beyond reasonable doubt.
Ms
Bensouda, however, noted that the notice for withdrawal was subject to
the possibility of bringing new charges at a later date in case the
prosecution obtained sufficient evidence.
"This withdrawal is without prejudice to the possibility of
bringing new charges against Mr Kenyatta “at a later date, based on the
same or similar factual circumstances, should [the Prosecution] obtain
sufficient evidence to support such a course of action”.
On
Wednesday, ICC judges directed the prosecution to either file a
withdrawal notice within one week or provide justification, on the basis
of evidence, for proceeding to trial.
The chamber
noted that its decision to deny the request for adjournment, based on
the "practical terms and in the circumstances of this case" was likely
to have the consequence of ending the proceedings.
The
chamber noted several factors that informed the rejection of the
request, including the prosecution's own admission that evidence
remained insufficient to support a conviction.
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