The claim by the International Criminal Court that Kenya was not cooperative during the hearing of President Uhuru Kenyatta’s case on crimes against humanity was an attempt by the court to save face.

This is according to a French investigative website, Media Part, which has obtained over 40,000 documents some of which reveal that former ICC chief prosecutor Luis Moreno Ocampo had a hand in the ruling of President Kenyatta’s case.

In a report, how former prosecutor Luis Moreno Ocampo played behind the scenes in the failure to bring justice to thousands who died in Kenyan political violence, the online publication said Mr Ocampo advised one of the lawyers to denounce Kenya’s lack of cooperation and request a postponement of the case.

“Blame them [Kenya] before they blame the prosecutor, we need to defend the office of the prosecutor.

“If they filed before us that the case should be dismissed for lack of evidence we will be badly exposed,” a leaked email by Mr Ocampo sent to Sara Criscitelli, who works in ICC, reads.

Ms Bensouda said that she encountered hurdles while attempting to get the government to cooperate, affecting the course of justice for the victims in the case.

The publication further claims that on February 2013, Ms Bensouda contacted Mr Ocampo to discuss the Kenyan issue.

The publication claims that Mr Ocampo interfered after President Kenyatta’s win asking the prosecution to give him “an honourable exit” from the trial due to the fact it was a “weak case”.

In an email sent to the former United Nations General Secretary Kofi Annan who had been appointed by the African Union to head up a dialogue and reconciliation process for Kenya, Mr Ocampo says that its time President Kenyatta is let free.

“I think it is time to find an honourable exit for Kenyatta,” Mr Ocampo tells the peace negotiator, in an incredible reversal of his previous position.

This is later followed by a postponement of President Kenyatta’s trial that was scheduled for November 12, 2013.