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Bensouda explains why Uhuru case collapsed

ICC Prosecutor Fatou Bensouda has blamed lack of cooperation by the Kenyan government for her decision to withdraw President Uhuru Kenyatta’s case.

The prosecutor says she encountered hurdles while attempting to get the government to cooperate, which collectively and cumulatively, delayed and frustrated the course of justice for the victims in this case.

“The Government of Kenya’s failure to provide my office important records has had a severe adverse impact on this case. It has deprived the victims of their right to know the full account of what transpired in 2007-2008,” Bensouda said.

“It has further undermined my ability to carry out a full investigation.  And finally, it has prevented the Judges from carrying out their critical functions of assessing the evidence and determining the truth.”


She says the failure on the part of the government hampered her ability to thoroughly investigate the 2007-2008 post-election violence, and ultimately, frustrated the investigations in the case.

“Crucial documentary evidence regarding the 2007-2008 post-election violence, including concerning the conduct of the accused, can only be found in Kenya and is only accessible to the Prosecution through the assistance of the Government of Kenya,” she added.

“This crucial assistance was ultimately not provided, as confirmed by the recent decision of the Trial Chamber.”

Mr Kenyatta was charged as an indirect co-perpetrator, with five counts of crimes against humanity consisting of murder, deportation or forcible transfer, rape, persecution and other inhumane acts allegedly committed during the post-election violence in Kenya in 2007-2008.