Kenya failed to cooperate with the court in the case against President Uhuru Kenyatta, the International Criminal Court has found.
The court has referred the matter to the Assembly of State Parties for action.
"...In general, the lack of bona fide cooperation by the Government of a situation country, as shown by the Kenyan Government in this instance, may have a serious impact on the functioning of the Court in future proceedings," a statement from the Hague-based court read.
The international court is accusing the government of failing to abide by a request to hand over vital evidence relating to Mr Kenyatta's case.
The case against him was dropped in December 2014 with chief prosecutor Fatou Bensouda accusing the government of intimidating potential witnesses.
He had been charged with crimes against humanity.