The ICC prosecution has admitted that the case against President Uhuru Kenyatta for crimes against humanity at the height of the 2007-2008 post poll chaos is likely to collapse.
Prosecution lawyer Benjamin Gumpert has said it needs access to President Kenyatta’s bank records claiming that the financial records “might demonstrate innocence or suggest it".
Gumpert has said one of the allegations against President Kenyatta is that he provided very large quantities of money to perpetrators of the post election violence.
The Prosecution further said that they have been asking for the records for the past two years adding that the case should not be withdrawn until the Kenyan government is compelled to cooperate and release the records.
Gumpert has however admitted that this information might not enable the prosecution to proceed to trial. The victims’ lawyer on his part said that dismissing the case would result in, “Total extermination of victims rights”.
Kenyatta’s lawyer, Stephen Kay said the prosecution's application not to withdraw the case is a “blaming exhibition” Kay further said that the Kenyan government has maintained consistently since 2012 that requests from the office of the prosecution should come through the court.