THE ICC prosecution yesterday admitted that its case against President Uhuru Kenyatta is likely to collapse.
Prosecution lawyer Benjamin Gumpert said that they need access to President Kenyatta’s bank records claiming that “might demonstrate innocence or suggest it.”
“We do not have sufficient evidence to show beyond reasonable doubt the guilt of Mr Kenyatta at this time. Investigative steps have not borne fruit and so prosecution says Kenya government has obstructed investigation,” Gumpert said.
Gumpert said one allegation against Uhuru is that he gave a lot of money to perpetrators of post election violence.
Gumpert however admitted that even the bank records might not enable the prosecution to proceed to trial.
“So even if the Government of Kenya were to comply the Prosecution is not sure that the evidence presented will suffice,” Presiding Judge Kuniko Ozaki asked.
“You are very correct, your honour. We do not know what is contained in there. We have been prevented from seeing Mr Kenyatta’s financial records,” Gumpert said.
The Prosecution claims that Uhuru spent up to Sh4 billion to arm attackers and transport them to where the attacks were carried out.
“Of all the leads available to us, we have exhausted all reasonable prospects,” Gumpert said.
Gumpert told the court that they have been asking for the records for the past two years. He said that the case should not be withdrawn until the Kenyan government is compelled to release the records.
The Trial Chamber now has to decide on the submissions made by the parties yesterday.
The Rome Statute allow the prosecution to withdraw charges with the permission of the court.
Uhuru’s lawyer, Stephen Kay, said that there was no way that “20 million pounds” could leave Uhuru’s account without raising suspicion.
Kay said that the Kenyan government has repeatedly asked since 2012 that the ICC Prosecutor makes any requests through the court.