Uhuru's consent not needed, rules ICC

30 Jul 2014

The ICC yesterday ruled that the Kenyan government does not need President Uhuru Kenyatta’s consent to release most of the information needed by Prosecutor Fatou Bensouda.

The Trial judges asked Kenya to give alternative ways of accessing information it has been asking for.

The ruling followed a status conference on July 9, where Attorney General Githu Muigai argued that the prosecution’s requests were not specific. He said documents relating to land and companies owned by Uhuru could not be accessed easily, because they were physically filed and asked the prosecutor to either seek Uhuru’s consent or give specific registration numbers of the land and companies it wants disclosed.

However, the judges yesterday said the requests by Bensouda are within the law and Kenya should demonstrate good faith by allowing access the documents.

“The revised request conforms with the requirements of relevance, specificity and necessity for the purposes of a cooperation request,” the judges ruled.

The Star

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