The Prosecutor v. Kenyatta
Allegations & Charges
Kenyatta and members of the Mungiki (a criminal organization) allegedly developed and executed a common plan to attack perceived ODM supporters in order to keep the Party of National Unity (PNU) in power in the 2007-2008 elections. In executing the common plan, the ICC Office of the Prosecutor (OTP) alleges that Kenyatta facilitated meetings with Francis Muthaura (then head of the Civil Service and Chairman of the National Security Committee and a former defendant in the case) and members of the Mungiki in order to prepare widespread attacks against civilians perceived to support ODM, and to instruct Kenyan Police Forces not to interfere with the movement of pro-PNU and Mungiki members. Kenyatta allegedly helped to facilitate post-election attacks by providing transportation, funding, weapons, and logistical support to the direct perpetrators.
Allegedly carrying out the plan, Kenyan Police Forces were deployed into Orange Democratic Movement (ODM) strongholds where they used excessive force against civilian protesters in Kisumu and Kibera. Kenyan Police Forces allegedly shot indiscriminately and killed more than a hundred perceived ODM supporters in Kisumu and Kiberia from December 2007-mid January 2008. Also allegedly carrying out the plan, the Mungiki allegedly carried out attacks against perceived ODM supporters in Nakuru and Naivasha from January 24-28, 2008. These attacks resulted in a large number of killings, rapes, severe physical injuries, mental suffering, property destruction, and the displacement of thousands of people.
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The Accused is alleged to have committed the crimes listed below as an individual, jointly with another or through another person under Article 25(3)(a) of the Rome Statute.
Under this mode of criminal liability, the Accused is charged with the following atrocity crimes:
Murder (Crime against Humanity): Article 7(1)(a)
Forcible Transfer (Crime against Humanity): Article 7(1)(d)
Rape (Crime against Humanity): Article 7(1)(g)
Persecution (Crime against Humanity): Article 7(1)(h)
Other Inhumane Acts (Crime against Humanity): Article 7(1)(k)
Pre-Trial Chamber II issued a public summons for Kenyatta on March 8, 2011. Charges against Kenyatta were confirmed on 23 January 2012. The notice to withdraw charges was made public on 5 December 2014. Charges against him were withdrawn on 13 March 2015. The Trial Chamber terminated the proceedings on 13 March 2015.
- Initial Appearance : April 8, 2011
Decision on the confirmation of chargesConfirmation of Charges : January 23, 2012
Statement of ICC ProsecutorWithdrawal of Charges : December 5, 2014
Decision on the withdrawal of charges
Decision on termination of proceedingsTermination of Proceedings : March 13, 2015