Ole Lenku given the green light to arrest Barasa as Ruto distances himself

[Ab-Titchaz]

Ole Lenku given the green light to arrest Barasa

Former and activist journalist Walter Barasa

INTERIOR Cabinet Secretary Joseph ole Lenku is now at liberty to present his application to be allowed to enforce a warrant of arrest against journalist Walter Barasa.

Justice Richard Mwongo yesterday vacated an earlier order stopping Lenku from going on with the extradition proceedings against Barasa after his lawyer Kibe Mungai failed to appear in court.

The judge had in January dismissed the journalist’s application seeking to block his arrest and surrender to the International Criminal Court to face charges of witness tampering paving way for the minister to institute his application.

However, Mwongo halted the proceedings to enable Mungai file an appeal against his decision. Mungai was scheduled to argue his application yesterday but he sent a representative to seek an adjournment because he was held up before a three-judge bench in Embu.

“It is unacceptable for the counsel to seek to take advantage of the extension today. I cannot see a reason why I should grant an adjournment today and I hereby discharge the order of stay,” Mwongo said.

Barasa is wanted by the ICC to face charges of witnesses tampering in the case against Deputy President William Ruto and radio journalist Joshua Sang'.

His arrest warrant was issued last August by ICC judge Cuno Tarfusser of pre-trial chamber II following a request by prosecutor Fatou Bensouda.

Mwongo said the ICC proceedings in respect with the warrant of arrest against Barasa are special and do not entitle him to an opportunity to be heard prior to his arrest.

“I find that this is not the right forum to vent the issues relating to appropriateness of the issuance of the arrest warrant. The petitioner’s allegations are therefore premature at this stage,” he said.

Ole Lenku given the green light to arrest Barasa | The Star

 

[Ab-Titchaz]

Don't drag me into fight with ICC, Ruto tells Walter Barasa

Deputy President William Ruto at a past event.

By PAUL OGEMBA

[h=3]In Summary[/h]

• Mr Barasa dragged in President Uhuru Kenyatta, Mr Ruto and Joshua Sang in his fight against a warrant of arrest issued by the ICC
• Mr Barasa is wanted at the ICC to face charges of interfering with witnesses

Deputy President William Ruto has objected to an application by journalist Walter Barasa challenging the country's continued cooperation with the International Criminal Court.

Mr Ruto in his three-point grounds of objection said he does not want to be dragged into Mr Barasa's fight with the ICC since he voluntarily chose to cooperate with The Hague based court to prove that he is innocent of the crimes against humanity charges facing him.

"Mr Ruto has elected out of his own volition to attend and participate in the ICC trials to establish his innocence. He has pleaded not guilty to the charges and maintains that he has no case to answer on the charges preferred against him at the ICC," said lawyer Katwa Kigen representing the the Deputy President.

Mr Kigen added that the DP would wish the court to proceed with Mr Barasa's petition and make any decision without his involvement.

Mr Barasa dragged in President Uhuru Kenyatta, Mr Ruto and Joshua Sang in his fight against a warrant of arrest issued by the ICC and wants a determination on Kenya's continued cooperation with ICC.

He argued that his fight with the ICC had raised substantial question of law and the country's sovereignty which requires the intervention of a bench of at least three judges.

According to his lawyer Kibe Mungai, the substantial issues relate to Kenya's sovereignty, validity of the warrant of arrest issued against Mr Barasa and the validity of the trials against President Kenyatta, Mr Ruto and Mr Sang.

He submitted that the Rome Statute was not applicable in Kenya when the post-election violence occurred in 2007/2008 and therefore the president and his deputy should not continue facing trials at The Hague.

"The Rome Statute came into force in Kenya on January 1 2009 when the International Crimes Act came into operation and that the crimes of genocide and crimes against humanity in Kenya under Article 5 of the Rome Statute were not crimes in Kenya during the violence," he said.

Mr Mungai argued that no Kenyan should be held accountable for crimes against humanity committed during the post-election violence since under the principle of complementarity embodied in the Rome Statute; the ICC has no jurisdiction to try any offence where Kenyan courts have no similar jurisdiction.

"In view of the foregoing, Mr Barasa contends that the pending trials before the ICC against the president, his deputy and Mr Sang are constitutionally invalid, null and void. Accordingly the ICC is barred from issuing a warrant of arrest where the said trials are constitutionally invalid in a member State," said Mungai.

Chief Justice Willy Mutunga has appointed Justice Isaac Lenaola, Mumbi Ngugi and George Odunga to hear the application. They directed the parties to file and exchange their submissions and scheduled the hearing date on May 22.

Mr Barasa is wanted at the ICC to face charges of interfering with witnesses in the crimes against humanity trials of Mr Ruto and Mr Sang.

His bid to stop the arrest and handing over to the ICC failed after the court allowed the Interior Minister Joseph Ole Lenku to formally make a request for his arrest.

Don't drag me into fight with ICC, Ruto tells Walter Barasa - Politics - nation.co.ke