, NAIROBI, Kenya, Dec 20 – The notification by International Criminal Court (ICC) Prosecutor Fatou Bensouda that she did not have enough evidence against President Uhuru Kenyatta and asked for more time to gather evidence was met with mixed reactions.
Those who welcomed the notification urged Trial Chamber V (b) to drop all charges against Kenyatta citing flaws in investigations and handling of prosecution witnesses.
“It is an admission that her office and her predecessor left her with a bungled box of puzzle pieces which can never interlock well enough to form a complete or rational picture. However, instead of further postponing the inevitable, I would request her to consider doing the honourable thing and drop the case altogether,” businessman Chris Kirubi urged.
Though he emphasised on the importance of giving victims of the 2007/2008 Post Election Violence (PEV) a closure, Kirubi noted that it was imperative that fair and right processes are observed to protect rights of all parties including accused persons.
He said that the prosecution had failed to meet the evidential standards of proof required to make her case succeed.
“While we may not hasten to count the chicks before they hatch, her admission that the evidence she has cannot meet the required threshold is refreshing for once. It is an admission that her office and her predecessor left her with a bungled box of puzzle pieces which can never interlock well enough to form a complete or rational picture,” he said.
Commentator Ngunjiri Wambugu said allegations made by the defence had actually come to pass especially on claims of corrupted investigations, collection of evidence and witness recruitment.
In his view, Bensouda had done the honourable thing of admitting that she has insufficient evidence against Kenyatta.