A panel of Appeal Judges at the International Criminal Court say trial judges would have to reconsider whether Kenya cooperated properly with prosecutors, in the case of President Uhuru Kenyatta.
The Appeals judges were to decide whether Kenya cooperated, or failed to provide key evidence to prosecutors.
Presiding Judge Silvia Fernandez, however, says the trial judges had failed to consider some aspects of prosecutors’ non-cooperation complaint, and ordered them to review the decision. Kenya was accused of failing to comply with an April 2012 attempt to obtain President Kenyatta’s personal banking records.
Prosecutors also maintain they were unable to build their case because of obstruction by Kenyan authorities. Kenyatta was accused of orchestrating a wave of violence that swept Kenya after a contested presidential election in December 2007. Prosecutors later dropped charges against him in December.