On August 19, 2015, the Appeals Chamber of the International Criminal Court (Appeals Chamber) reversed [3] the Trial Chamber’s decision [4] to reject the Prosecutor’s “application [5] for a finding of non-cooperation against the Kenyan Government, alleging that the Government had failed to comply with a request to produce records relating to Mr Kenyatta.”  According to the press release [6], the Appeals Chamber found that the Trial Chamber “erred by failing to address whether judicial measures had been exhausted to obtain the Kenyan Government's cooperation, as well as by assessing in an inconsistent manner the sufficiency of evidence and the Prosecutor's conduct.”  The Appeals Chamber determined that these errors affected the Trial Chamber’s decision to reject the Prosecutor’s request that the matter of Kenya’s noncompliance be referred to the Assembly of States Parties, reversed the Trial Chamber’s decision, and remanded it to the Trial Chamber for a new determination.