International Criminal Law · Analysis and Cases

Peace Through Law is a blog created to help scholars, students, and any person interested in international criminal law to find information about the work of international tribunals in a clear, reliable, and efficient way. The blog is organised around two: the International Criminal Court section offers a complete and updated overview of every situation and case ever brought to the Court; the Articles section publishes analytical essays and commentary on topics in international criminal law. In the future, the blog will expand its scope to other international tribunals.

The Prosecutor v. Francis Kirimi Muthaura

Case Sheet · ICC

The Prosecutor v. Francis Kirimi Muthaura

Situation Situation in Kenya
Status Closed · Charges Withdrawn

Context

Francis Kirimi Muthaura, former Head of the Public Service and Secretary to the Cabinet of Kenya, was summoned to appear before the ICC in connection with the 2007–2008 post-election violence. The Pre-Trial Chamber II confirmed charges against him on 23 January 2012. However, on 11 March 2013, the Prosecution withdrew the charges due to insufficient evidence, including issues related to witness credibility and availability. Proceedings were subsequently terminated.

Pre-Trial

Summons to appear 8 March 2011
Charges on summons Crime against humanity of murder · art. 7(1)(a) RS
Crime against humanity of forcible transfer of population · art. 7(1)(d) RS
Crime against humanity of rape · art. 7(1)(g)-1 RS
Crime against humanity of persecution · art. 7(1)(h) RS
Crime against humanity of other inhumane acts · art. 7(1)(k) RS
Document containing charges Crime against humanity of murder · art. 7(1)(a) RS
Crime against humanity of forcible transfer of population · art. 7(1)(d) RS
Crime against humanity of rape · art. 7(1)(g)-1 RS
Crime against humanity of sexual violence · art. 7(1)(g)-6 RS
Crime against humanity of persecution · art. 7(1)(h) RS
Crime against humanity of other inhumane acts · art. 7(1)(k) RS
Result of confirmation of charges Charges confirmed · 23 January 2012
Crimes confirmed Crime against humanity of murder · art. 7(1)(a) RS
Crime against humanity of forcible transfer of population · art. 7(1)(d) RS
Crime against humanity of rape · art. 7(1)(g)-1 RS
Crime against humanity of persecution · art. 7(1)(h) RS
Crime against humanity of other inhumane acts · art. 7(1)(k) RS
Charges withdrawn 11 March 2013

Key Documents

Decision on summons Decision on the Prosecutor’s Application (2011)
Summons to appear Summons to Appear (2011)
Document Containing the Charges Document Containing the Charges (2011)
Confirmation of charges Decision on the Confirmation of Charges (2012)
Withdrawal of charges Prosecution Notice of Withdrawal of Charges (2013)
ICC case page Official ICC page — The Prosecutor v. Muthaura