By Hannah Stewart
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands — The International Criminal Court (ICC) dropped charges against Francis Muthaura, who had been accused alongside Kenya’s presidential election winner Uhuru Kenyatta for his involvement in the 2007 post-election violence that resulted in the death of more than 1,000 individuals.

Muthaura, along with Kenyatta, faced charges for allegedly orchestrating post-election violence five years ago.  He was charged with crimes against humanity, murder, rape, illegal deportation, and for his alleged involvement in deadly violence that erupted after his country’s presidential election.

His defense attorney called the ICC prosecution “utterly flawed” after prosecutors dropped their case due to a dearth of evidence.

This marks the first time in its 10-year history that charges brought before the ICC have been withdrawn so close to trial.  As such, lawyers for president-elect Kenyatta, who won last week’s elections, said the corresponding charges against him should now be dropped.

It remains unforeseen what effect this event will have on president-elect Kenyatta’s impending trial, scheduled for July.  Some speculate that dropping of charges against top a top Kenyan civil servant like Muthaura could impact Kenyatta’s trial.

The decision to drop the case against Muthaura was an unprecedented admission of failure by ICC prosecutors.  However, Chief Prosecutor Fatou Bensouda stressed that the case against Kenyatta would continue. “This decision affects Mr. Muthaura’s case alone,” she said.

Bensouda said her hand was forced after witnesses died, were killed or bribed and Kenyan authorities failed to live up to their pledges to cooperate.  She said some witnesses were too scared to testify, while another had recanted his statement.

Furthermore, she accused Kenyan authorities of failing to fulfill their public pledges to fully cooperate with ICC during its investigation of the post-election violence.

Muthaura, a former civil service chief, was on the same side as president-elect Kenyatta during the disputed 2007 election, after which more than 1,000 people were killed and about 600,000 were left homeless.

In a written statement, Bensouda pledged her “unwavering commitment” to justice for victims of the post-election violence.

“The real victims of the terrible violence in Kenya five years ago are the men, the women, and the children, who were killed, injured, raped, or forcibly displaced from their homes — and whose voices must not be forgotten,” she said. “I will not forget them.”

For more information, please see:

BBC News – Francis Muthaura: ICC Drops Case Against Kenyan Accused – 11 March 2013

CNN – ICC Drops Charges Against Former Kenya Official – 11 March 2013

The Guardian – ICC Prosecutors Drop Case Against Kenyan Politician Francis Muthaura – 11 March 2013

The Washington Post – ICC Prosecutors to Drop Charges Against Kenyan Cabinet Secretary Francis Muthaura – 11 March 2013