A panel of appeal judges at the International Criminal Court on Wednesday said trial judges would have to reconsider whether Kenya cooperated properly with prosecutors in the case of President Uhuru Kenyatta.

Prosecutors dropped charges of crimes against humanity against Kenyatta in December, maintaining they were unable to build their case because of obstruction by Kenyan authorities.

Reading the appeal court decision, Presiding Judge Silvia Fernandez de Gurmendi said trial judges had failed to consider some aspects of prosecutors’ non-cooperation complaint and ordered them to review the decision.