Nairobi — President-elect Uhuru Kenyatta's International Criminal Court (ICC) case will still be pursued by the courts Prosecutor Fatou Bensouda despite the fact that former head of Civil Service Francis Muthaura charges were dropped on March 11.
Bensouda explained that according to the Rome statue, in cases where many are accused of participating in the same criminal act, verdicts are issued differently for the individual accused based on the evidence implicating them. She argued that it was not the first time that charges had been dropped for one of persons who are jointly accused.
Article 25(3) states that, "a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the court if that person: (a) commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible," reports Capital FM.
The Prosecutor further explained that one co-accused can be found not to be criminally responsible while the other is found responsible despite being jointly co-accused.
Bensouda explained that the former Police Commissioner Hussein Ali and former Tinderet MP Henry Kosgey charges were dropped even though Ali was jointly accused with Kenyatta and Muthaura; and Kosgey was jointly accused with deputy President-elect William Ruto and former radio presenter Joshua arap Sang.
Bensouda further said that the crimes for which Kenyatta and Muthaura were accused were different, "Whereas Kenyatta was allegedly in charge of the provision of financial and logistical support to the direct perpetrators, Muthaura allegedly secured the support of the Mungiki and directed the latter to commit the crimes in Nakuru and Naivasha," and "provided institutional support for the execution of the crimes on behalf of the PNU Coalition," said Bensouda.
Uhuru Kenyatta is the President-elect of Kenya after he won the March 4 presidential elections. He is the first African to vie for an executive position while facing charges in a criminal court. Kenyatta's trial is set to begin on July 9.
Locally his closest challenger Raila Odinga has gone to court disputing the elections results.