[JURIST] International Criminal Court (ICC) [official website] prosecutor Fatou Bensouda [official profile] dropped the charges of murder, rape, persecution, deportation and other inhumane acts against Kenyan President Uhuru Muigai Kenyatta [JURIST news archive] on Friday. This action comes after an ICC trial chamber order [JURIST report] on Wednesday that required the prosecutor to either withdraw the charges or show sufficient evidence to proceed to trial. The prosecutor’s office ceased action for lack of evidentiary support which was identified by Bensouda as a consequence of the Kenyan government’s refusal to cooperate and failure to provide important records of Kenyatta’s activities. ICC judges have not made a formal declaration of non-cooperation by the government, but they have expressed that the government’s interaction with the investigation did not comport to the standards of good faith set out under the ICC’s founding treaty.

The case against Kenyatta for the ethnic cleansing killings that happened after his election have been long and contentious. In February the Kenyan government steadfastly refused [JURIST report] to aid the ICC investigation by providing Kenyatta’s financial records. This caused the ICC to adjourn [JURIST report] and resume the trial several times. In early October Kenyatta himself called for the dismissal [JURIST report] of the charges based on lack of evidence.