3 December 2013

Kenya: ICC - Kenya Withholding Information On Kenyatta's Records

International Criminal Court's (ICC) Chief Prosecutor Fatou Bensouda has accused the Kenyan government of failing to hand over records which she said were "relevant to critical issues" in President Uhuru Kenyatta's crimes against humanity trial, AFP reported Monday (December 2nd).

"The Office of the Prosecutor requests the chamber to find that the government of Kenya has failed to comply with the April 2012 request to provide financial and other records of the accused," Bensouda said in a submission to the court. "All of its previous attempts to secure the records have been exhausted."

Kenyatta is set to go on trial on February 5th.

Bensouda said prosecutors believed the documents "may shed light on the scope of the accused's conduct, including the allegation that he financed the crimes with which he is charged". She asked judges to now refer the matter to the court's oversight and legislative body, the Assembly of States Parties (ASP).

The move is the latest in a legal tug-of-war between the ICC and Kenya, which wants immunity from prosecution for sitting heads of state under the court's founding Rome Statute.

The ASP amended the court's rules last week to permit defendants to ask to appear by video-link.

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