Deputy President William Ruto’s camp has been left confused with tension creeping in over the decision by lawyer Paul Gicheru to surrender to International Criminal Court (ICC).
Paul Gicheru, a highly connected advocate and the current chairman of the Export Processing Zone Authority, was slapped with an international arrest warrant in 2015 for alleged witness interference in the Ruto case.
However, in a surprise twist on Monday, the ICC announced that Gicheru had surrendered to Dutch authorities in the Netherlands, in what could pose a new headache to the DP.
“Today, 2 November 2020, Mr Paul Gicheru surrendered to the authorities of The Netherlands pursuant to an arrest warrant issued by Pre-Trial Chamber II of the International Criminal Court,” the ICC announced in a press release.
It was not immediately clear whether Gicheru surrendered or he was arrested while on a foreign trip.
Gicheru had aggressively fought his extradition to The Hague in the Kenyan courts and in February 2018, Judge Luka Kimaru quashed the warrant.
Pressed by the local daily for answers, ICC Spokesman Fadi El Abdallah said: “The court, through the Registry services, submitted a cooperation request to the Dutch authorities for the arrest and surrender of Mr Gicheru to the court upon completion of the necessary national arrest proceedings.”
The surrender of the lawyer surprised lawyers, including those who helped him to secure the High Court victory.
“I have just learnt about it [the surrender] today. Of course my services came to an end after the judgment. But the decision was never appealed,” veteran lawyer John Khaminwa told a local daily.
However, contacted about the arrest of one of his members, LSK president Nelson Havi asked: “How does that concern the LSK?”
The news about Gicheru triggered anxiety in Ruto’s political camp of fresh efforts to revive his ICC case ahead of the 2022 polls.
The DP had publicly alleged a grand scheme within government to scuttle his presidential bid, including reviving the ICC case.
“Some characters have sent people to Kenya to revive the ICC case. But I want to categorically tell them they will not succeed. In fact, it will be a big surprise to them,” Ruto alleged in January.
Ruto was never acquitted by the ICC. His case was terminated with a rider that he could be prosecuted, in future, if new evidence is available.
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“The chamber declined to acquit the accused due to the special circumstances of this case… The Chamber made it clear that their decision is without prejudice to the presumption of innocence or the prosecution bringing the case on the basis of the same charges in the future, or in a different form, in light of new evidence,” Bensouda said.
Lawyers for Ruto and Sang’ repeatedly said the DP was not involved in any attempts to interfere with witnesses. They claimed the witnesses were coached and were in it for financial gain.
Gicheru and Philip Kipkoech Bett are wanted by the ICC for allegedly influencing six witnesses that led to the collapse of the case against Ruto and former journalist Sang’.
ICC Prosecutor Fatou Bensouda alleges that Gicheru and his co-accused Bett paid or offered each of the six prosecution witnesses between Sh500,000 and Sh5 million to pull out as witnesses.
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