New York, US, Sep 21 – The International Criminal Court was given all the cooperation it needed in the Kenyan cases which collapsed for want of evidence, CS Amina Mohamed has said.
She told journalists in New York that Kenya disagrees with assertions that it has not fully cooperated with the court, which ultimately dropped cases against President Uhuru Kenyatta and his deputy William Ruto.
“We will be present at the Assembly of States Parties to ensure that they understand clearly that we have cooperate much more than anyone else… we have no fear at all,” she said.
CS Mohamed said Kenya intends to pursue reforms at the International Criminal Court to ensure it retains credibility and legitimacy to meet the aspirations of the global community.
“We created the court, it did not create Kenya… we will not accept to be dictated to without being heard,” she asserted.
Trial Chamber V (B) of the International Criminal Court (ICC) issued a decision finding that the Republic of Kenya had failed to comply with its obligations to cooperate with the ICC and referred the matter to the ASP to the Rome Statute which, according to the Trial Chamber.
The judges said the ASP was, “best placed to address the lack of cooperation, in order to provide an incentive for the Kenyan Government to cooperate with the Court.”
According to the judges, Kenya’s failure to cooperate with the court during the President’s case affected the functions and powers of the court.
“Trial Chamber V (B) concluded that the Republic of Kenya has failed to comply with its statutory obligations to consult with the Court and to take all reasonable steps to execute a request for cooperation from the Court, including by not providing clear, relevant and timely responses or taking any meaningful steps to compel production of requested information.”
It was the view of the judges that ASP’s action against Kenya would enhance cooperation during any active or future cases in the Kenyan situation.
Kenya has currently an active case against three Kenyans wanted by the court over alleged witness interference in the case against Deputy President William Ruto whose proceedings were terminated on April 5, 2016.
When ICC Prosecutor Fatou Bensouda withdrew charges against the President on December 6, 2014, she blamed the government for failing to furnish her office with documents she required to establish his criminal liability over the 2007/8 Post Election Violence.
She asked the judges to refer Kenya to the ASP over what it termed as failed cooperation.
The judges however tasked her to explain why she had not raised the concerns over failed cooperation at earlier stages of the case other than the time she had decided to withdraw charges against him.
Following Bensouda’s withdrawal of charges against President Kenyatta, Trial Chamber V (b) dropped his case on March 13, 2015 but Bensouda blamed it on failed cooperation and asked the judges to refer Kenya to the ASP.