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ICC Prosecutor announces withdrawal of case against Uhuru Kenyatta

December 4, 2014
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Today the ICC presecutor, Fatou Bensouda announced that all charges have been dropped against Kenyan president, Uhuru Kenyatta.

How did we get to this stage? Our timeline covers all the major aspects of the trial, which has been postponed five times.

December 30, 2007

Incumbent President Mwai Kibaki of the Party of National Unity (PNU) is declared the winner of the Kenyan general elections. But his ‘victory’ against opposition candidate Raila Odinga of the Orange Democratic Movement (ODM), amidst allegations of election fraud on both sides, triggers widespread violence. More than 1100 people were killed and up to 600.000 persons displaced.

February 5, 2008

The International Criminal Court prosecutor Luis Moreno Ocampo says his office has begun a preliminary examination of the post-election violence in Kenya.

November 26, 2009

The prosecutor files a request, seeking authorization from Pre-Trial Chamber II to open an investigation into the crimes allegedly committed during the 2007-2008 post-election violence in Kenya.

March 31, 2010

Pre-Trial Chamber II issues its majority decision (2-1) that there is a reasonable basis to proceed with an investigation into the situation in Kenya in relation to crimes against humanity (within the jurisdiction of the court), committed between June 1, 2005 and November 26, 2009.

December 15, 2010

The ICC Prosecutor requests the issuance of ‘summonses to appear’ for six people in the court’s Kenya investigation: William Samoei Ruto, Henry Kiprono Kosgey, Joshua arap Sang (Case One) and Francis Kirimi Muthaura, Uhuru Muigai Kenyatta, and Mohamed Hussein Ali (Case Two) – for their alleged responsibility in the commission of crimes against humanity.

March 31, 2011

The Kenyan government files an application challenging the ICC’s jurisdiction over the cases.

April 8, 2011

Uhuru Kenyatta makes his initial appearance before the court in The Hague.

January 23, 2012

Pre-Trial Chamber II confirms charges against Kenyatta.

March 11, 2103

Prosecution withdraws charges aginst Kenyatta’s co-accused Francis Muthaura

March 30, 2013

Uhuru Kenyatta is elected President of Kenya.

March 2013 – October 2014

Kenyatta’s lawyers request that the case be dropped three times: March 2013, January 204, October 2014

October 18, 2013

Trial Chamber V(b) rules, in a majority decision, that Kenyatta does not have to be continuously present at his trial The Hague due to the exceptional nature of his position as a sitting head of state.

December 19, 2013

The prosecution requests a three-month postponement in the case against Kenyatta because key witnesses have changed their testimony or are refusing to help. The trial was scheduled to begin February 5, 2014.

October 8, 2014

Uhuru Kenyatta attends a status conference at the ICC where his defence requested judges to terminate the proceedings and that a verdict of acquittal be entered by the trial chamber.

December 3, 2014

Judges reject the defence request to drop the case and order ICC Prosecutor Fatou Bensouda to give notice within one week whether she will withdraw the charges against Kenyatta or announce that the evidence collected has improved enough that she is ready to proceed to trial.

December 5, 2014

ICC Prosecutor withdraws charges against President Kenyatta.

 

For more information on the issues the prosecutor has faced with witnesses see the articles on The Hague Trials Kenya on How the Trial Fell Apart: Part 1 and Part 2

Source: OSJI Trial Monitor

 

Tags: ICC (International Criminal Court)Justice NewsKenya
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ICC Prosecutor announces withdrawal of case against Uhuru Kenyatta