The battle between the Kenyan government and ICC prosecutor Fatou Bensouda has been renewed.
The ICC Appeals Chamber yesterday sent back to the trial chamber, a case in which Kenya is accused of not co-operating with the International Court, in the case against President Uhuru Kenyatta.
If the judges find evidence of Kenya's non-compliance in Uhuru's case, the country may be reported to the UN security council, a move that would see Kenya face sanctions.
The Appeals chamber was ruling on a case in which the Kenyan governmnet was accused of non-cooperation during Kenyatta's case.
The president's case, in which he was accused of crimes against humanity in the Post Election Violence, was dropped after the prosecution said they were unable to build their case because of obstruction by Kenyan authorities.
ICC prosecutor Fatou Bensouda later applied to have Kenya moved to the Assembly of States Parties for non-compliance.
The trial chamber rejected the application leading the prosecutor to refer the decision to the Appeals chamber.
Deciding on Wednesday, the Appeals chamber judges unanimously agreed to take the matter back to the Trial Chamber.
They said the trial judges would have to assess whether Kenya cooperated properly with prosecutors in the case of President Uhuru Kenyatta.
The president recently reiterated that his government had and will continue to cooperate with the ICC.
Speaking when the new Assembly of State Parties (ASP) to the Rome Statute of the ICC, President Sidiki Kaba paid him a courtesy call at Statehouse, Kenyatta said Kenya's proof of cooperation was in the fact that DP William Rutto had presented himself to the ICC for prosecution.
Read: President Kenyatta Finally Speaks Out On Kenya's Cooperation With ICC
Read Also: ICC Prosecutor Speaks Out on What Kenyatta's Presidency Did to Her Case
Watch the ICC Appeals Chamber Judgement here
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