New York US (PANA) – The Trial Chamber V(B) of the International Criminal Court (ICC) withdrew on Friday charges against Kenya’s President Uhuru Kenyatta.
A statement from the ICC noted that the prosecution had withdrawn the charges against Mr. Kenyatta, and the Trial Chamber decided to terminate the proceedings and vacate the summons to appear against him.
The Chamber stressed also that, although the proceedings shall be terminated, the Court retains jurisdiction over any interference with a witness or with the collection of evidence and that the protective measures ordered for witnesses and/or victims shall continue, subject to the review by the Court.
The Chamber recalled that, in its previous decision of 3 December 2014, it had indicated that, in the event of a withdrawal of charges by the prosecution at this time, the principle of “ne bis in idem” would not attach, and it would be open to the prosecution to bring “new charges against the accused at a later date, based on the same or similar factual circumstances, should it obtain sufficient evidence to support such a course of action”.
It had also, on 9 March 2015, granted the ICC prosecutor’s request to appeal the decision declining to refer to the Assembly of States Parties the matter in relation to non-compliance of the Kenyan government with its obligations under the Rome Statute.
In its decision on Friday, the Chamber considered that it may be necessary to resume a residual jurisdiction on this case, depending on the Appeals Chamber decision on the prosecution’s appeal of the decision regarding the cooperation of the Government of Kenya.
