The Government of Kenya, upset at being called uncooperative and being accused of helping the Muthaura case to collapse, applied to the court to make formal observations about its efforts to assist the court throughout these proceedings. The Government, through the Attorney General, felt that they were not given a fair opportunity to respond to the complaints from that the Prosecutor made about access to evidence when she dropped charges against Muthaura. The AG, in his application, listed a number of instances of actions the GoK took to facilitate the work of the court. He argues that Kenya has complied fully with its treaty obligations- specifically its cooperation obligations- and points out the Prosecutor has not referred any matter of non-cooperation to the Assembly of State parties, thus showing that her allegations carry no weight.
The Prosecutor has asked the court to deny the Kenyatta defence application for a stay or termination of the proceedings. They argue that the case against Kenyatta, subsequent to OTP-4’s withdrawal has not changed sufficiently to warrant any such remedy.