Kenya’s President-elect Uhuru Kenyatta has said that his ICC case at The Hague cannot stand without that of his co-accused, former Head of Civil Service Francis Muthaura,Standard Digital News Kenya reports
In an application dated Friday ahead of the Status Conference yesterday, Uhuru insisted the two cases are intertwined since the prosecution has consistently framed its case as a common plan involving the two of them.
“Any decision regarding the liability of Muthaura would necessarily, on the prosecution’s own analysis, impact upon any determination of Uhuru’s liability. In short, the mode of liability as confirmed cannot be maintained against Uhuru without Muthaura,” his defence lawyers Steven Kay and Gillian Higgins argued.
They termed as illogical the prosecution’s argument that Muthaura’s case can be remitted to the pre-trial chamber for reconsideration without that of Uhuru.
They reminded the three-judge Bench that according to the prosecution, both Uhuru and Muthaura made essential contributions to a common plan, which resulted in the realisation of the crimes charged.
“According to the prosecution’s analysis, Uhuru and Muthaura colluded to exercise a level of control over the Mungiki and the police forces, such that the allegedly planned and coordinated post-electoral violence could take place,” the counsel maintained.
The International Criminal Court (ICC) on Monday dropped charges against Francis Muthaura.
Prosecutor Fatou Bensouda told judges Monday she is withdrawing all charges against Kenya’s Cabinet secretary Francis Muthaura, who is charged with crimes in the deadly violence that erupted after Kenya’s 2007 presidential election.
Prosecutors however argued that they have more evidence against Kenyatta and his prosecution should continue.