Ghosts of the 2007/08 post-election violence have returned to haunt suspects, with the International Criminal Court (ICC) calling for the arrest of three Kenyans suspected of witness interference.
Prosecutor Fatou Bensouda has said that lawyers Paul Gicheru and Phillip Kipkoech Bett (alias Kipseng’erya) and journalist Walter Osapiri Barasa, who remain at large, are wanted by her office for trial.
EXTRADITION
Last year in November, the High Court in Kenya stopped their extradition to the ICC but Ms Bensouda is adamant that they ought to be extradited.
“ICC relies on State cooperation worldwide to arrest and transfer (suspects) to the Court,” the court posted on its Twitter handle, in regard to each of the three suspects.
The three are among 15 other suspects from various countries wanted by the The Hague-based court for criminal trial.
The two lawyers are wanted by the Office of The Prosecutor (OTP) for allegedly corruptly influencing a total of six prosecution witnesses.
Mr Barasa is also accused of trying to bribe someone he thought was a prosecution witness in the case against Deputy President William Ruto.
WARRANT
“The arrest warrant was issued under seal against Mr Barasa on August 2, 2013 and unsealed on October 2, 2013,” the statement says.
“The case remains at the pre-trial stage, pending the suspect’s arrest or voluntary appearance before the court. The ICC does not try individuals in their absence.”
The court’s position is the same on the cases against Mr Gicheru and Mr Bett.
The warrant of arrest was issued under seal against the two on March 10, 2015 and unsealed on September 10, 2015.
In its decision, the court found that the evidence submitted by the prosecution demonstrated that “they were involved in an organised and systematic criminal scheme, aimed at approaching and corrupting prosecution witnesses through bribes and other inducements, in exchange for their withdrawal as witnesses and/or recantation of their prior statements to the prosecution.”
On November 7, during a seminar on arrests at ICC headquarters, Ms Bensouda said the court’s judicial machinery is likely to be frustrated and held in abeyance unless persons sought by the ICC are arrested and made to appear before the court.
“High-level political commitment and consistent diplomatic coordination between states and other actors is needed to address the arrest challenge,” she said.
“If left unaddressed, it will have negligible impact on specific or general deterrence and prevention of the world’s gravest crimes.”
EXPEDIENCY
She added that ICC arrest warrants must not be cast aside as mere inconveniences in inter and intra-state politics, or traded away in the service of political expediency.
“From the moment the court’s judges issue an arrest warrant, responsibility for its execution falls on States Parties, as the Court’s executive arm, alongside any other States that may be under an obligation to cooperate,” sated Ms Bensouda.
“Impunity and instability are closely interrelated. When an alleged perpetrator of Rome Statute crimes remains at large, he or she may continue to commit crimes.”
She called for action, not only through vocal support and public statements but also at the operational level.
“State Parties and Assembly of State Parties must take appropriate action in response to the court’s findings of non-compliance on failure to arrest and surrender ICC suspects,” she added.
“My Office will continue to pursue non-compliance findings under Article 87 (7) of Rome Statute.”
Cases against three Kenyans, President Uhuru Kenyatta, Mr Ruto and broadcaster Joshua Sang were withdrawn due to insufficient evidence.
WITHDRAWN
The case against President Kenyatta was withdrawn on December 5, 2014 while that against his deputy and Mr Sang was withdrawn on April 5, 2016.
They had been indicted by the court for the crimes committed during the post-election violence that claimed 1,133 lives and displaced over 650,000 people.