Kenya has sent a protest note to the Assembly of State Parties to the Rome Statute over a recent ruling by the ICC in the case against Deputy President William Ruto.
Through its Permanent Mission to the United Nations, Kenya accuses the court of betraying Kenya and to a larger extent the ASP.
The protest note says the position taken by the Court and ICC Prosecutor Fatou Bensouda is “regrettable” and “improper”.
Kenya said the decision goes against the agreement made at the 12th session of the ASP where the rule was negotiated.
“Kenya was duly assured, through consensus reached by States Parties, that the proposed amendments to Rule 68 shall not be applied retroactively,” UN Permanent Representative Macharia Kamau said.
” Moreover, specifically and crucially, Kenya was expressly informed that there would be no attempt to apply the amended rule 68 in the trials underway before the Court and more particularly so, in the trials relating to the Situation in the Republic of Kenya.”
The rule allows the ICC to use prior recorded statements as evidence, where the witness is missing or has recanted his testimony.
In August, the ICC judges allowed a request by Bensouda to use the rule and consequently adopted five statements of witnesses who recanted.
