Kenyatta Case

The Prosecutor v. Uhuru Muigai Kenyatta

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Case closed

Francis Kirimi Muthaura

Head of the Public Service and Secretary to the Cabinet and Chairman of the National Security Advisory Committee, at time of summons. Summons to appear: 8 March 2011

Charges: five crimes against humanity allegedly committed during the 2007-2008 post-election violence in Kenya. Judges confirmed charges on 23 January 2012 but Prosecutor withdrew them on 11 March 2013. Case also involved charges against Uhuru Muigai Kenyatta and Mohammed Hussein Ali. Judges declined to confirm charges against Mohammed Hussein Ali on 23 January 2012. Proceedings against Mr Kenyatta were terminated on 13 March 2015.

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Case closed

Mohamed Hussein Ali

Chief Executive of the Postal Corporation of Kenya (and Commissioner of the Kenya Police during the post-election violence), at time of summons. Summons to appear: 8 March 2011

Charges: five crimes against humanity allegedly committed during the 2007-2008 post-election violence in Kenya. On 23 January 2012, the Judges declined to confirm the charges. Case also involved charges against Uhuru Muigai Kenyatta and Francis Kirimi Muthaura. Charges against Mr Muthaura were withdrawn on 11 March 2013. Proceedings against Mr Kenyatta were terminated on 13 March 2015.

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Case closed

Uhuru Muigai Kenyatta

Deputy Prime Minister and Minister of Finance, at time of summons. Summons to appear: 8 March 2011

Charges: five counts of crimes against humanity allegedly committed during the 2007-2008 post-election violence in Kenya. Prosecutor withdrew charges. Case also involved charges against Francis Kirimi Muthaura and Mohammed Hussein Ali. Judges declined to confirm charges against Mohammed Hussein Ali on 23 January 2012

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  • Charges withdrawn

    The confirmation of charges hearing took place from 21 September to 5 October 2011. Charges withdrawn due to insufficient evidence. Case also involved charges against Francis Kirimi Muthaura and Mohammed Hussein Ali. Judges declined to confirm charges against Mohammed Hussein Ali on 23 January 2012.

    Next steps: The case is considered closed unless and until the Prosecutor submits new evidence.

Request to investigate "proprio motu" in Kenya

OTP notifies ICC President of intention to request to investigate in Kenya regarding the 2007/2008 post-election violence. The ICC's Presidency assigns the situation to Pre-Trial Chamber II.  Note: While the case initially involved Francis Kirimi Muthaura and Mohammed Hussein Ali", Pre-Trial Chamber II declined to confirm the charges against Mr. Ali; and, the charges against Mr. Muthaura were later withdrawn.

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Investigations in Kenya begin

Pre-Trial Judges authorize OTP to open investigation proprio motu in Kenya into alleged crimes against humanity.

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Summonses to appear requested

OTP requests from Pre-Trial Chamber II the issuing of summonses to appear for 6 suspects in the Kenya situation: William Samoei Ruto (Ruto), Henry Kiprono Kosgey (Kosgey), Joshua Arap Sang (Sang), Francis Kirimi Muthaura (Muthaura), Uhuru Muigai Kenyatta (Kenyatta) and Mohammed Hussein Ali (Ali).Press release

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Summonses to appear issued

Pre-Trial Judges issue summonses to appear for all 6 suspects, dividing them into 2 cases (See Ruto and Sang case).Press release

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First appearance

Muthaura, Kenyatta & Ali case: Initial appearance, 8 April 2011

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Pre-Trial phase begins as Mr Muthaura, Mr Kenyatta and Mr Ali have first day in Court, appearing voluntarily before Judges of Pre-Trial Chamber II.PhotographsTranscript 

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Confirmation of charges hearing opens

Muthaura, Kenyatta & Ali case: In the Courtroom programme - Confirmation of charges hearing

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Pre-Trial phase continues as Pre-Trial Judges open hearing to consider evidence in order to decide whether or not to confirm the charges and commit the Muthaura, Kenyatta and Ali case to trial.Transcript 

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Confirmation of charges hearing closes

Pre-Trial Judges to deliberate and decide in due course whether or not to confirm the charges and commit the Muthaura, Kenyatta and Ali case to trial.

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Decision: Charges confirmed for Mr Muthaura and Mr Kenyatta, commits their case to trial

Pre-Trial Chamber II confirms charges against Mr Muthaura and Mr Kenyatta and commits the case to trial.Transcript

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Decision: Charges not confirmed for Ali

Pre-Trial Judges decline to confirm charges against Ali, and state he is no longer a suspect before the Court, though Prosecutor may present additional evidence to reopen a confirmation of charges hearing against him.

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Muthaura's charges dropped

OTP withdraws charges against Muthaura.Statement

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Kenyatta's charges dropped

Statement of the ICC Prosecutor on the withdrawal of charges against Uhuru Muigai Kenyatta

OTP withdraws charges against Kenyatta.

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Proceedings terminated

Trial Chamber V(B) terminates the proceedings in this case Press release

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