The prosecution had previously stated that it had nine Mungiki witnesses to testify but was tasked by Kenyatta’s defence lawyer Steve Kay as to why it could not begin the trial, if at all it had evidence as alleged during the last status conference.
READ: I have nine Mungiki witnesses
During the confirmation of charges hearings in September 2011, Kenyatta was accused of murder, deportation or forcible transfer, rape and other inhumane attacks in Nakuru and Naivasha.
The withdrawal of charges against Kenyatta, leaves Deputy President William Ruto and former broadcaster Joshua arap Sang as the only persons accused of masterminding the 2008 post election violence in Kenya.
So far, 27 witnesses have taken stand before the ICC judges to give evidence against Ruto and Sang.
The Kenyan cases started with the ‘Ocampo Six’ and have now been narrowed to the ‘Bensouda Two’ raising counter allegations between the prosecution and defence teams over witness tampering.
The defence has raised a series of concerns over witness bribery and coaching by ICC officials.
Several witness who have testified before the court alleged that they had been bribed and coached to fix Ruto and Sang.
Prosecutors have however held their narrative that witnesses were bribed to recant their evidence or withdraw from the case.
Journalist Walter Osapiri Barasa is wanted by the ICC for alleged interference with ICC witnesses.
READ: ICC wants Kenyan arrested over witness ‘bribery’
It is alleged that he corrupted three ICC witnesses to withdraw their testimonies.
UPDATE:
Immediately the verdict was issued, the Presidential Strategic Communications Unit tweeted: “I am very keen to run to my wife @FirstLadyKenya right now and tell her what is happening” #Vindicated
A little later it was followed by this: “To be sincere, we are very excited” #Vindicated
Below is Bensouda’s application.
Notice of withdrawal of the charges against Uhuru Muigai Kenyatta
