The ICC accused Kenya of being non-cooperative over failure to release sufficient documents as evidence in the case against President Uhuru Kenyatta.
The court found that “the Republic of Kenya had failed to comply with its mandates to cooperate with the ICC and referred the matter” to the court’s governing body, the court said in a statement on Monday.
The judges believe that Kenya had prevented the Court from exercising its functions and powers under the Rome Statute.
President Kenyatta was charged with crimes against humanity originating from 2007-08 post-election violence in which thousands died. The case was terminated by the same court on March 13 last year over lack of enough evidence.
On the other hand, the Human Rights Watch has also called on ICC member countries to address the obstruction by Kenya in the case against President Uhuru Kenyatta.
It further said that Kenya’s failure to provide vital records needed by the prosecution occurred against a backdrop of hostile rhetoric against the ICC proceedings that prevented justice to be made in the cases.