The International Criminal Court on Monday dropped all charges against Kenyan civil servant Francis Muthaura, who was accused alongside president-elect Uhuru Kenyatta of crimes against humanity during 2007-2008 post-election violence.
The decision came after a key witness in Muthaura’s case was discredited and after ICC chief prosecutor Fatou Bensouda said other witnesses refused to testify or had died.
“I have decided, as of the state of evidence available now, that we have no other choice but to withdraw the charges against Mr Muthaura,” Bensouda told the Hague-based court.
Four prominent Kenyans, including first-round presidential poll winner Kenyatta, faced charges at the ICC over deadly post-poll violence five years ago during which prosecutors say more than 1,100 people died.
But the ICC’s Bensouda said that in Muthaura’s case some witnesses were refusing or unable to provide vital evidence.
“The witnesses that had conveyed evidence have been killed or died, others refuse to speak to the prosecutor,” Bensouda said.