Friday, 5 December 2014

Bensouda withdraws case against Uhuru Kenyatta

Prosecutor Fatou Bensouda has withdrawn the charges against Kenya's President Uhuru Kenyatta at the International Criminal Court.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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