The International Criminal Court (ICC) suffered a major setback this week when a prominent judge, Christine Van den Wyngaert, withdrew for a case against Kenya’s new President, Uhuru Kenyatta, and his deputy, William Ruto.

The judge alleges that the court  did not practice due diligence in carrying out investigations and also questions the truthfulness  of some of its witness statements.

The new dent in the court has further exposed what many analysts say is its Achilles heel, its credibility and selective prosecutions.

The Kenyan case has limped since the indictments of several Kenyans, Congolese, Sudanese and former Ivorian President Laurent Gbagbo. ICC prosecutors have struggled to put their cases forward in the face of accusations that it is a political tool that serves particular interests.

The Kenyan cases will serve as a litmus test whether the tribunal will continue to be relevant in the near future, but from the look of things, it is standing on very shaky ground. One by one, witnesses have recanted their testimonies, there have even been accusations of cohesion, and some countries also tried to arm twist the Kenyan elections to influence their choice.

But whatever the outcome of the tribunal’s tribulations, Prosecutor Fatou Bensouda will be the major casualty of its failure, many will not even remember that she was left the poisonous plate by some Argentinean man named Louis Ocampo who had the foresight of jumping the ship before it sank.