Kenya evades cooperating with ICC on Gicheru’s case

Lawyer Paul Gicheru

Kenya is evading cooperating with the International Criminal Court (ICC) in securing attendance of a witness.

The witness, Lawyer Paul Gicheru is set to appear before ICC on 15 February 2022.

Nevertheless, ICC deputy prosecutor James Stewart wants Kenya to offer state cooperation by ensuring the witness appears in court.

Additionally, the prosecutor wants Trial Chamber III to summon the witness identified as P-0743 to testify via video link.

However, Solicitor General Kennedy Ogeto says the government’s assistance will depend on circumstances of the court’s request or order.

Once we get the request, we will look at it, consider the circumstances and the legality of the request then respond. There is no commitment now until we get the request and look at he surrounding circumstances,” said Mr. Ogeto

He added, “like now telling us to trace somebody. If that person is no here, what do we do? We do not know who they are talking about and he may not even be here. It is very possible is not here.”

Despite the prosecutions asking that all reasonable efforts be applied to locate Gicheru, he remains unreachable.

According to Stewart, the witness has has been in communication with the office of the prosecutor (OTP) but became unresponsive.

Gicheru and other members allegedly identified, located and contacted the witnesses, offered them financial help or threatened them in order to induce them to withdraw as prosecution witnesses, refuse to or cease cooperating with the prosecution and recant the evidence which they had provided .

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