Kenya: ICC Appeals Chamber Reverses Decision On President Kenyatta's Trial

press release

On 19 August 2015, the Appeals Chamber of the International Criminal Court (ICC) reversed Trial Chamber V(B)'s decision regarding the Kenyan Government's alleged non-compliance with its obligations under the Rome Statute in the case The Prosecutor v. Uhuru Muigai Kenyatta, due to errors in the Trial Chamber's assessment. The Appeals Chamber hence remanded this decision to the Trial Chamber V(B) to determine, in light of relevant factors, whether Kenya has failed to comply with a cooperation request that has prevented the Court from exercising its functions and powers and, if so, to make an assessment of whether it is appropriate to refer Kenya's non-compliance to the Assembly of States Parties (ASP).

On 29 November 2013, the Prosecution had filed an application for a finding of non-cooperation against the Kenyan Government, alleging that the Government had failed to comply with a request to produce records relating to Mr Kenyatta. On 3 December 2014, Trial Chamber V(B) rejected the application for referral of the matter to the Assembly of States Parties. The Prosecutor appealed this decision on 20 March 2015.

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