Trial Chamber V(B) judges dropped the case and vacated the summons for him to appear before the court.
It however retained its jurisdiction on the case should the Prosecution find that it can prove its allegations of witness tampering.
“In its previous decision of December 3, 2014 it indicated that in the event of a withdrawal of charges by the Prosecution, the principle of ne bis in idem would not attach, and it would be open to the Prosecution to bring new charges against the accused at a later date based on the same or similar factual circumstances, should it obtain sufficient evidence to support such a course of action,” a statement from the ICC’s Public Affairs Unit on Friday stated.
The chamber has also retained its jurisdiction in so far as Bensouda’s appeal to refer Kenya to the Assembly of State Parties over non-compliance is concerned.
READ: Bensouda pursues Kenyatta over ICC non-cooperation
Bensouda on December 5 withdrew her case against President Kenyatta due to lack of sufficient evidence to prosecute him.
READ: Bensouda drops President Kenyatta’s ICC case
She however blamed the lack of evidence on Kenya’s non-cooperation accusing the government of failing to supply her with all the documents she requested and said she needed to successfully prosecute the case.
READ: Githu, ICC Prosecution lock horns in Uhuru case
On receiving the news of Bensouda’s decision to withdraw the crimes against humanity charges facing him, President Uhuru Kenyatta said he couldn’t wait to share the news with his wife and went on to drive himself out of State House following a meeting with Kenyan private sector and during which his Foreign Affairs head Amina Mohamed broke the news to him.
