, NAIROBI, Kenya, Dec 10 – The International Criminal Court (ICC) has formally asked Kenya to respond to claims of non-cooperation by the court’s Prosecutor Fatou Bensouda by January 8, 2014.
In the ruling dated December 9, Trial chamber V(b) noted that the Prosecutor had made a request to the Chamber asking it to officially ask the Kenyan government to make available the information sought.
Bensouda wants to know the financial status of President Uhuru Kenyatta, whose case starts on February 5 next year.
She claimed that she had severally requested for the information from Kenya but that help had not been forthcoming.
“The Prosecution submits that it has taken all possible measures to secure the Kenyan Government’s compliance with the Records Request,^ and that the Kenyan Government has failed to fulfil such request,” observed the Chamber.
Bensouda further wants the Chamber to rule that Kenya has failed to adhere to the Records Request as laid out in the Rome Statute and she also wants the matter referred to the Assembly of States Parties.
The Chamber has also asked Kenya to make its submissions regarding this application.
“Pursuant to Article 87(7) of the Statute, the Chamber may make a finding of non-compliance and refer the matter to the Assembly where a State Party fails to comply with a request for cooperation by the Court,” explained the Chamber.
The Registry will also be required to file its observations on Bensouda’s application by January 8, 2014.
In May this year, Attorney General Githu Muigai hit out at the Prosecutor accusing her of not following proper legal procedures in her request.
Muigai argued at the time that Kenya had cooperated with all her requests for assistance but would not give in to two of them because they required a Court’s directive.
“When Ocampo (former ICC Prosecutor) came to Kenya, he was not escorted by a United Nations convoy. He was invited by the Kenyan government, given diplomatic protection and then went to the Nairobi National Park and adopted a cheetah,” retorted Muigai at the time.
“Is that what you would call non-cooperation?”