The Muthaura case

In her notification to Trial Chamber V withdrawing the charges against Francis Kirimi Muthaura, the Prosecutor of the ICC stated - inter alia - that “Despite assurances of its willingness to cooperate with the Court, the Government of Kenya has in fact provided only limited cooperation to the Prosecution, and has failed to assist it in uncovering evidence that would have been crucial, or at the very least, may have been useful in the case against Mr Muthaura.”

As a State Party to the Rome Statute, Kenya has an obligation to fully cooperate with the Court in its investigation and prosecution of crimes, in accordance with Article 86 of the Statute.

Why didn't the Court refer the matter to the Assembly of States Parties to the Rome Statute, in accordance with Article 87(7) of the Statute? Now it remains interesting to know whether it would do so at a later stage.