Uhuru Muigai Kenyatta · international criminal law · crimes against humanity · criminal prosecution
Why did the ICC case against Uhuru Kenyatta end?
The ICC Prosecutor withdrew the charges on 5 December 2014, saying she did not consider the available evidence sufficient to prove his alleged criminal responsibility beyond reasonable doubt and that the Kenyan Government's non-compliance had compromised the investigation. On 13 March 2015 Trial Chamber V(B) terminated the proceedings and vacated the summons. The Prosecutor stated that Kenyatta had not been acquitted, and new charges are not barred if sufficient evidence emerges. Kenyatta said he was vindicated, and the case remains closed as of 30 October 2026.
Last verified 30 October 2026. International Criminal Court · Kenya
The record at a glance
| What was alleged? | The ICC Prosecutor charged Kenyatta with crimes against humanity of murder, deportation or forcible transfer, rape, other inhumane acts and persecution, relating to attacks in Nakuru and Naivasha in January 2008 during the post-election violence. Pre-Trial Chamber II confirmed the charges on 23 January 2012.1 |
|---|---|
| Who made the claim? | Office of the Prosecutor, International Criminal Court, 23 January 2012 |
| How did Uhuru Kenyatta respond? | Kenyatta rejected the case. After the withdrawal he said he was vindicated, that his conscience was clear, and that the case had been brought without proper investigation, as reported by JusticeInfo.net citing the BBC.2,3 (the subject's position) |
| Was there an official finding? | The charges against Kenyatta were withdrawn by the Prosecutor in December 2014 and the Trial Chamber terminated the proceedings on 13 March 2015.5,6 No trial verdict was reached, and the ICC describes the case as closed unless and until the Prosecutor submits new evidence.4 |
| Was liability determined? | No. The case was dismissed. Charges withdrawn by the Prosecutor and proceedings terminated. In the Prosecutor's words Kenyatta has not been acquitted, and new charges are not barred. There is no finding of guilt.4,5,6 |
| What changed later? | As of 30 October 2026, the ICC case against Kenyatta is closed after withdrawal of charges, with no upcoming hearings.4 |
| When was this checked? | 30 October 2026 |
What was alleged?
The ICC Prosecutor charged Kenyatta with crimes against humanity of murder, deportation or forcible transfer, rape, other inhumane acts and persecution, relating to attacks in Nakuru and Naivasha in January 2008 during the post-election violence. Pre-Trial Chamber II confirmed the charges on 23 January 2012.1
Made by Office of the Prosecutor, International Criminal Court on 23 January 2012.
What did Uhuru Kenyatta say?
Kenyatta rejected the case. After the withdrawal he said he was vindicated, that his conscience was clear, and that the case had been brought without proper investigation, as reported by JusticeInfo.net citing the BBC.2,3
"Just as the ICC failed me, it has also failed the victims of the 2007-2008 post-election violence."
Uhuru Kenyatta (as reported by JusticeInfo.net citing the BBC), 5 December 2014. This is the subject's own account, not a finding.
What do independent records show?
Decision on the confirmation of charges (as reported by UN News)
ICC Pre-Trial Chamber II, 23 January 2012
Charges against Kenyatta and Francis Muthaura were confirmed. Charges against Mohammed Hussein Ali were not confirmed.1,4
Notice of withdrawal of charges and Prosecutor's statement
ICC Office of the Prosecutor, 5 December 2014
The Prosecutor withdrew the charges, saying she did not consider the available evidence sufficient to prove his alleged criminal responsibility beyond reasonable doubt and that the Kenyan Government's non-compliance had compromised the investigation. She said the withdrawal was without prejudice to a new case and that Kenyatta had not been acquitted.5
Decision terminating the proceedings
ICC Trial Chamber V(B), 13 March 2015
The Chamber terminated the proceedings and vacated the summons to appear. It noted that ne bis in idem would not apply to a withdrawal at that stage, leaving the Prosecution free to bring new charges later.6
What was established?
- The charges against Kenyatta were withdrawn by the Prosecutor in December 2014 and the Trial Chamber terminated the proceedings on 13 March 2015.5,6
- No trial verdict was reached, and the ICC describes the case as closed unless and until the Prosecutor submits new evidence.4
Distinctions that matter here
- Withdrawal of charges by the Prosecutor is not an acquittal.
- Termination of proceedings following withdrawal does not bar new charges based on new evidence.
Was liability determined?
No. The case was dismissed. Charges withdrawn by the Prosecutor and proceedings terminated. In the Prosecutor's words Kenyatta has not been acquitted, and new charges are not barred. There is no finding of guilt.4,5,6
What remains unresolved?
- Whether the charged crimes were committed by the accused was never decided at trial.
- No new case has been brought in the sources reviewed.
What is the current status?
As of 30 October 2026, the ICC case against Kenyatta is closed after withdrawal of charges, with no upcoming hearings.4
As of 30 October 2026. No next proceeding is scheduled in the records we found.
Timeline
- ICC Pre-Trial Chamber II confirms charges against Kenyatta.1
- Prosecutor withdraws the charges.3,5
- Trial Chamber V(B) terminates the proceedings and vacates the summons.6
Sources
- UN News, ICC sends prominent Kenyans to trial for crimes related to post-election violence, 23 January 2012 · document record Government, parliamentary or audit document
- JusticeInfo.net, ICC/Kenya: Bensouda slams lack of Kenyan cooperation as Kenyatta says he is vindicated, 5 December 2014 Independent reporting
- Capital FM Kenya, Bensouda drops President Kenyatta's ICC case, 5 December 2014 Independent reporting
- International Criminal Court, The Prosecutor v. Uhuru Muigai Kenyatta, case page · document record Court, legislation, official register or regulator record
- International Criminal Court, Office of the Prosecutor, Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on the withdrawal of charges against Mr Uhuru Muigai Kenyatta, 5 December 2014 · document record Government, parliamentary or audit document
- International Criminal Court, Kenyatta case: Trial Chamber V(B) terminates the proceedings, 13 March 2015 · document record Court, legislation, official register or regulator record
Revision history
- 30 October 2026: First published after source verification.
Related: Uhuru Muigai Kenyatta, international criminal law, crimes against humanity, criminal prosecution, International Criminal Court, Kenya. To submit a document or request a correction, see right of reply.