Lawyer Paul Gicheru’s Case at ICC Faces Uncertainty as Key Witness Refuses to Testify

The case against Kenyan lawyer Paul Gicheru at the International Criminal Court (ICC) hangs in the balance a week before the start of his trial.

This comes after another key witness refused to cooperate and is unwilling to testify against Gicheru, who is charged with offenses against the administration of justice consisting of corruptly influencing witnesses of the court in the case against Deputy President William Samoei Ruto and radio journalist Joshua Arap Sang.

The Office of the Prosecutor, through deputy prosecutor James Stewart, has filed an application in court seeking summons to compel the said witness to testify, according to Capital News.

“On 25, 28 and 31 January 2022, the witness has broken off all communications. Since the witness now appears to be unwilling to cooperate further with the Court and time is of the essence to ensure a smooth presentation of the evidence, the Prosecution can only secure attendance at the upcoming trial via a summons request,” the prosecutor’s office told Judge Maria Samba.

Stewart argues that the testimony by the witness in question is necessary for the determination of the truth, adding that it will provide crucial information including Gicheru’s role in bribing prosecution witnesses in the Ruto and Sang case.

Following a request by the prosecution, Judge Samba last week issued summons for witness P-0743, who was no longer willing to testify. The judge noted that the chamber has the power to compel the appearance of a witness, pursuant to Article 46) (b) of the Rome Statute.

In 2021, the prosecution dropped witnesses P-0604 and P-0495 citing difficulties with the two. Witness P-0459’s papers were admitted as evidence to be used by the prosecution.