ICC drops charges against Kenyan Kirimi MuthauraListen /
The International Criminal Court has dropped charges against Francis Kirimi Muthaura, a co-accused of Kenya’s presidential election winner Uhuru Kenyatta, the prosecutor has said.
Fatou Bensouda said some witnesses were too scared to testify, while another recanted his statement.
Ms. Bensouda said she has done so after carefully considering all the evidence available to her at this time. She said it was her duty to proceed only when she believes that there is a reasonable prospect of conviction at trial.
“ This is an exceptional decision. I did not take it lightly, but I believe it is the right thing to do. I explained to the Judges the reasons for my decision, specifically, the severe challenges my Office has faced in our investigation of Mr. Muthaura; – the fact that several people who may have provided important evidence regarding Mr Muthaura's actions, have died, while others are too afraid to testify for the Prosecution. – the disappointing fact that the Government of Kenya failed to provide my Office with important evidence, and failed to facilitate our access to critical witnesses who may have shed light on the Muthaura case.”
Mr Muthaura was accused of fuelling violence after the 2007 election.
Mr Kenyatta, who won last week’s election, is due to be tried later this year on similar charges.
Donn Bobb, United Nations.