ICC Seeks Kenya Government’s Say on Release of Lawyer Paul Gicheru

Kenya is expected to make a decision that will either see lawyer Paul Gicheru released from the International Criminal Court (ICC) detention or not.

The Kenyan government has until January 20th to decide whether it will fully implement the conditions set by the court before Gicheru’s release.

In a ruling dated December 31st, 2020, ICC Judge Reine Adelaide Sophie Alapine-Gensou noted that Kenya must express its commitment to facilitate Gicheru’s travel to The Hague to attend court sessions whenever required.

“For these reasons, the chamber hereby invites the Republic of Kenya to provide the observations specified in paragraph 16 of the present order by no later than January 20th, 2021,” Judge Alapine-Gensou ordered.

The conditions include barring Gicheru from traveling abroad without the explicit agreement of the Chamber, visiting certain places or associate with certain persons as specified by the Pre-Trial Chamber, and contacting victims or witnesses directly or indirectly.

Others include barring him from engaging in certain professional activities, ensuring he resides at a particular address as specified by the Chamber, and honoring summons by an authority or a qualified person designated by the Chamber.

If Kenya fails to commit to implementing these conditions, Gicheru may spend the entire period of his trial in ICC custody. 

Gicheru surrendered himself to the Dutch authorities on November 2nd and was later transferred to the ICC detention center. This came five years after the court issued a warrant of arrest against him.

He is suspected of offenses against the administration of justice consisting of corruptly influencing witnesses.

Gicheru is believed to have bribed or attempted to bribe six key prosecution witnesses by offering them bribes and other inducements so that they could recant their evidence and withdraw as witnesses. 

The withdrawal of the witnesses led to the collapse of the criminal case against Deputy President William Ruto and radio journalist Joshua Arap Sang, who were being tried over the 2007/2008 post-election skirmishes that led to the death of at least 1,300.