Paul Gicheru’s decision to surrender to International Criminal Court (ICC) caught many people by surprise especially those from Deputy President William Ruto’s side.
But as days goes by, more information continue trickling in. In the latest revelation, Paul Gicheru’s wife speaking to Lawyer John Khaminwa stated that they sat as a family, weighed the issue and decided it was time Gicheru faced his accusers.
“I have talked to Gicheru’s wife and she has told me that they looked at the issue and felt that they had no other option but for him to surrender. She also informed me that his first appearance will be without a lawyer,” Khaminwa said.
Gicheru’s wife was speaking to Khaminwa on phone from the Netherlands.
Yesterday, Khaminwa could not come to terms with the fact that his client, a man with a government job, a decent life, free in Kenya and having health problems, would offer to test fate despite its unknown consequences.
Khaminwa, however, says that he has a moral duty to let the ICC know that Gicheru is ailing.
He had doubts he would fly to the ICC to defend him, although he says he will continue supporting and offering advice on the best way to deal with the situation.
In his letter to Bensouda, Khaminwa says he still believes that the ICC denied Kenya a chance to investigate Gicheru, Philip Bett and journalist Walter Barasa and try them in local courts.
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“The respondents, as Kenya citizens, are entitled to exercise the right to citizenship. That right includes the right to be tried before a court established under the Constitution of Kenya,” Khaminwa wrote.
According to the senior lawyer, the letter was to solely inform the Office of the Prosecutor (OTP) that at the time Gicheru was fighting not to be extradited, he was battling diabetes and hypertension.
“I respectfully urge you to seriously consider not placing him in custody. He needs the company of his wife who accompanies him, particularly this time,” Khaminwa said.
He said he was writing the letter because it was his moral duty as Gicheru’s lawyer and an officer of the court to ensure a fair trial.
“I have written this letter having regard to my role as an officer of the court to assist the court in the discharge of its duties in the administration of justice,” he said.
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