International Criminal Court Refers Kenya to the Assembly of States Parties

On September 19, 2016, the Trial Chamber V(B) (the Chamber) of the International Criminal Court (ICC) in the case of The Prosecutor v. Uhuru Muigai Kenyatta, found that, under Articles 86, 87(7), 93, 96 and 97 of the Statute, the Republic of Kenya has failed to: (i) comply with its statutory obligations to consult with the Court, including by not raising challenges to the legal basis of a request for cooperation within a reasonable timeframe; and (ii) take all reasonable steps to execute a request for cooperation from the Court, including by not providing clear, relevant and timely responses or taking any meaningful steps to compel production of requested information. Therefore, the Court transmitted this decision to the President of the Court for referral pursuant to Regulation 109 of the Regulations.