The Prosecutor v. Kenyatta

• Allegations & Charges

  Factual Allegations

  Uhuru Kenyatta and members of the Mungiki (a criminal organization) allegedly developed and executed a 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. 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. The OTP alleged that as Police Commissioner, Ali ordered or controlled the Kenyan Police, whose inaction made the Mungiki attacks in Nakuru and Naivasha possible and more effective.

  Please visit the Court’s website for more information on The Prosecutor v. Kenyatta.

  Charges

  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)

• Key Events

  • Pre-Trial Chamber II issued a public summons for Ali on March 8, 2011. Pre-Trial Chamber II declined to confirm the charges on January 23, 2012.

  • Summons to appear

    Summons to Appear Issued : March 8, 2011
  • Initial Appearance : April 8, 2011

  • Decision to decline the confirmation of charges

    Confirmation of Charges : December 23, 2012