“The International Criminal Court Prosecution was on Monday tasked to explain how President-elect Uhuru Kenyatta would be charged for contributing to a common plan on his own, after withdrawal of charges against his co-accused Francis Muthaura.
Presiding Judge Kuniko Ozaki pressed prosecution lawyer Sam Lowery to explain how Kenyatta individually constituted a common plan in the absence of his co-accused. Apart from Muthaura being exonerated, charges were not confirmed against former police chief Hussein Ali, who faced similar charges.
“This requires that each joint perpetrator is able to frustrate the commission of the crime by not performing his or her tasks. This means that the common plan could not have succeeded without the contribution of Muthaura or a common plan does not even exist without contribution of Muthaura,” Ozaki argued.”