Prosecutor v. Uhuru Muigai Kenyatta

Relevant Sections

Art. 7(1)(g); Art. 7(1)(g); Art. 7(1)(h); Art. 7(1)(k)


Charges (Gender Based Crimes):

▪ Rape as a crime against humanity

▪ Inhumane acts as a crime against humanity

▪ Persecution by means of rape and other inhumane acts as a crime against humanity

Facts:

▪ He was a Kenyan national serving as Minister of Local Government. While facing trial, he was subsequently elected to the position of Head of State. Regarding crimes committed between 24 and 28 January, 2008 in Kenya.

▪ Initially Kenyatta’s case was clubbed with Muthuara. The latter’s charges were withdrawn in 2013. The Pre Trial Chamber confirmed charges of five counts of crimes against humanity against them as indirect co-perpetrators. However charges of sexual violence as a crime against humanity were declined.


Status:

▪ All charges were withdrawn in 2014 and the case was terminated in the trial stage in 2015. It is the first case in ICC to have been terminated at Trial.


Read the full judgment here.