International Criminal Court (ICC) judges ordered prosecutors to indicate within a week whether the trial of Kenya's President Uhuru Kenyatta can start or if all of the charges against him should be dropped.

The order from the court, which is based in The Hague in the Netherlands, could signal the possible end of the case against Kenyatta, who is charged with involvement in deadly violence following Kenya's presidential election in 2007.

"The chamber directed the prosecution to file a notice, within a week, indicating either its withdrawal of the charges ... or that the evidentiary basis has improved to a degree which would justify proceeding to trial," the tribunal announced in a statement.

In the past, prosecutors have acknowledged that the evidence against Kenyatta was not strong enough to go to trial. They had accused the Kenyan authorities of failing to cooperate with their investigation.

Crimes against humanity

Kenyatta was charged, as an "indirect co-perpetrator," with murder, deportation, rape, persecution and inhumane acts carried out during violence that killed more than 1,000 people following the 2007 election. The president had always insisted he is innocent.

The case against him had been fraught with problems and delays from the onset, with prosecution witnesses refusing to testify or recanting their statements.

The prosecution asked judges earlier this year to adjourn the case indefinitely until Kenya fully cooperates in its investigation.

On Wednesday, ICC judges rejected this request and instead ordered prosecutors to tell them if the case can go ahead in the near future.

ICC's decision could affect future cases

Kenyatta would be the first sitting head of state to stand trial at the ICC if his case goes ahead.

At a hearing in October, prosecution lawyer Benjamin Gumpert claimed the Kenyan authorities were hindering the investigation and warned that scrapping the case would send the wrong message to other government leaders who could face similar charges in the future.

Gumpert said such a decision could be interpreted as "the court saying that if a country sticks out for long enough obstructing proper inquiries being made by the prosecution ... then the case ... will go away."

lw/mkg (AFP, Reuters)