The ICC prosecutor Fatou Bensouda has been allowed to appeal a decision declining a request to refer the Kenyan Government to the Assembly of State Parties.
On November 29, 2014, the prosecution 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 financial and other records relating to Mr Kenyatta.
On December 3, 2014, the ICC issued a decision rejecting this application and declining to refer the matter to the ASP. On December 9, 2014, the prosecution filed a request for leave to appeal the decision of December 3, 2014.
“In its decision, today, Trial Chamber considered the request and the observations made by the Kenyan Government and the legal representative of the victims. The chamber decided to authorise the prosecutor to appeal the decision on Kenya’s cooperation,” said the ICC in a statement.
Mr Kenyatta was charged, as an indirect co-perpetrator, with five counts of crimes against humanity consisting of murder, deportation or forcible transfer, rape, persecution and other inhumane acts allegedly committed during the post-election violence in Kenya in 2007-2008.
