The International Criminal Court (ICC) has warned that it may issue a warrant of arrest against Kenyan lawyer Paul Gicheru for defaulting conditions of his release from detention at The Hague.
According to an order issued by Pre-Trial Chamber judge Reine Adélaïde Sophie Alapini-Gansou, the court has recalled the conditions set out in the Interim Release Decision dated January 29, 2021 after Mr Gicheru discussed with the media merits of his pending case that involves witness interference. The court is aggrieved that after arriving in Kenya on February 1, 2021, Mr Gicheru gave an interview on February 4 to a local daily newspaper, where he made statements tangent to the current proceedings.
In the recalling order, judge Alapini-Gansou has told Mr Gicheru that the conditions have to be adhered to at all times.
"The Chamber hereby reminds Mr Gicheru that the conditions set out in the Interim Release Decision have to be fulfilled by him at all times. The prohibition on making any statement, social media post, or communication with the media covers all actions which – directly or indirectly – discuss the merits of the case," said Justice Alapini-Gansou. A recall order is a reminder of the conditions set out by the court.
The judge noted that in the Interim Release Decision, the Chamber had also set out the possible consequences of failure to comply with the conditions, which restricted his liberty. Among the consequences is forfeiture of Mr Gicheru's Sh1 million financial security to the court and issuance of a warrant of arrest at the request of the prosecutor or on the court's own initiative.
Protocols
The court can also issue any other order it deems relevant in response to failure to comply with the conditions.
Besides being barred from communicating with the media about the merits of the case, Mr Gicheru was also directed not to obstruct or endanger the investigation or the court proceedings. He is also not required to contact, directly or indirectly, any of the prosecutor’s witnesses or victims in the case, except through counsel authorised to represent him before the ICC and in accordance with the applicable protocols.
Mr Gicheru, who made a surprise surrender to the ICC in November last year despite having court orders against his extradition, is facing accusations of bribing witnesses in the trial of Deputy President William Ruto and broadcaster Joshua Sang, which collapsed four years ago.
Six charges
He, however, denied six charges levelled against him, which involve obstructing the administration of justice by corruptly influencing witnesses of the court.
The case is currently at the stage of confirmation of charges, which is being conducted in writing as opposed to the normal oral submissions. If the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings — the trial.
However, the process could start a fresh due to the uncertainty surrounding legality of the single-judge chamber that is handling the case.
The ICC's Office of Public Counsel for the Defence wants to have Mr Gicheru's pre-trial re-started and handled by a Chamber of three judges instead of the current one judge.
