Home News Government refuses to cooperate with ICC over lawyer Gicheru's conditional release

Government refuses to cooperate with ICC over lawyer Gicheru’s conditional release

Lawyer Paul Gicheru had hoped that the International Criminal Court (ICC) would release him from detention. However, the government has dimmed his hope after refusing to cooperate with the International Criminal Court (ICC) on matters regarding Gicheru’s conditional release.

The ICC made an order for Kenya to submit its views on Mr Gicheru’s request to return to the country. The court wanted Kenya to guarantee the enforcement of certain conditions for the lawyer’s release.

Attorney General Kihara Kariuki wrote a letter to the Hague based court explaining the state of affairs. In a letter addressed to presiding judge Reine Adélaïde Sophie Alapini-Gansou, Mr Kihara explained that Paul Gicheru had gone against a binding decision of the High Court.

The Attorney General said that on 16th November, 2017 the court froze the ICC warrants of arrest against Paul Gicheru and Philip Brtt. The two were facing accusations of tampering with witnesses.

Additionally, Mr Kariuki explained that Paul Gicheru had not complied with the International Crimes Act. The legislation requires him to notify the High Court in Nairobi the day he made the decision of surrendering to the International Criminal Court (ICC). Since Mr Gicheru did not notify the court, the State would not assist the ICC in matters relating to the case.

“In view of the foregoing, and by dint of the existing High Court order as mentioned hereinabove, Kenya observes that it may not, at this point in time, be able to accord the court the assistance contemplated in Rule 119(1) of the Court’s Rules of Procedure and Evidence, unless the said order is lifted or otherwise varied,” the Attorney General’s letter reads in part.

Court to lift freeze on the warrant of arrest

The Attorney General went ahead to explain that for the Government to review its current positioin, Mr Gicheru can apply to the High Court so that it lifts or varies the freeze on the arrest warrant.

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