On April 17, 2014, Trial Chamber V(A) of the International Criminal Court (the Court) granted [3], by majority, the Prosecutor’s request to subpoena eight Kenyan witnesses to give evidence in the Prosecutor v. Samoei William Ruto and Joshua Arap Sang trial. According to the press release [4], the Court considered that States Parties to the Rome Statute “must be presumed to have created a court with every necessary competence, power, ability and capability to exercise its functions and fulfil its mandate in an effective way,” and so the court must have the power to subpoena witnesses. Further, the Chamber also reasoned that “the Government of Kenya has an obligation to cooperate fully with the Court: by serving the subpoenas to the witnesses and by assisting in compelling their attendance before the Chamber, by the use of compulsory measures as necessary.”  Judge Carbuccia dissented [5], accepting that the Trial Chamber has the power to issue summonses, but disagreeing with the majority that the Government of Kenya has the legal obligation to enforce such a summons.