The international Criminal Court (ICC) has in the recent past provided a rare chance to analysts seeking insight on the prosecutor roles.
The case against deputy President of Kenya, William Samoei Ruto started in earnest, media hype, and threats by the prosecutors office until witnesses began to testify.
The weakness in the prosecutions evidence and the role of the witnesses depicted a picture of poor investigations, non-consistent witnesses, and lack of cooperation between the office of the prosecutor and the witnesses.
ICC Prosecutor May Opt Dropping the Case Against Kenyatta
The Prosecutor on 19th December 2013 admitted to the court and the media, that her office lacked enough evidence to prosecute President Kenyatta.
In her statement, Prosecutor Fatou Bensouda admitted that loss of key witnesses after they sought to be completely excused from the case injured her case against the Kenyan president.
The office of the ICC Prosecutor as such lacks evidence that meets the threshold to make a case at trial, she further confirmed.
Kenyatta’s Case Catastrophic Ramifications on ICC Image
Dropping the case or even seeking to seek more time to gather new evidence injures the credibility of both the ICC Prosecutors office, and the pretrial chamber.
The scenario begs the questions ‘where did the office of the prosecutor get their evidence and how credible were these sources? How did the pretrial chamber arrive to confirmation of charges against President Kenyatta?
These questions will have catastrophic ramifications on the image of the ICC. If the court drops the case against President Kenyatta, it will be confirming that it is not credible enough to dispense justice.
Intelligence gathered by Strategic Intelligence reports reliance on Non-Governmental Organizations to source evidence. Experts and intelligence organizations have questioned the credibility of such evidence.
President Kenyatta will have to wait for a new date for his case which was scheduled for mid February 2014.
This is a reprieve for the Kenyan president who launched one of the most daring and successful efforts against the ICC which Kenyan Intelligence backed by many African Nations spy agencies view as being manipulated by Western powers.