The International Criminal Court (ICC) has freed a Kenyan lawyer on stringent terms after the Pre-Trial Chamber A granted him conditional interim release on Friday, January 29, 2021.

‘‘Paul Gicheru was released to Kenya with specific conditions restricting liberty, during the confirmation of charges proceedings against him at the International Criminal Court (ICC). This follows Pre-Trial Chamber A’s decision on 29 January 2021, granting Mr Gicheru interim release with conditions,’’ the Hague-based court said on Monday, February 1.

Mr Gicheru is accused of committing ‘offences against the administration of justice consisting in corruptly influencing witnesses of the Court.’

The ICC said it will give a verdict in writing whether there is sufficient evidence to sustain the trial against Gicheru.

Tough conditions

Pre-trial Chamber A gave ten restrictions stifling Gicheru’s liberty. He is to provide Kshs1, 000,000 ($9,078) to the ICC Registrar as the financial security in form of cash or electronic money transfer.

He is to abide by all the orders given by the court including surrendering to the required authorities if the Chamber orders. He is to appear before the Chamber at the time, manner and date ordered by the Chamber.

He shall not in any way obstruct the proceedings of the court as so ordered in articled 70 of the Statute. He is not to contact the Prosecution witnesses unless through a counsel that represents him in the court, after being cleared.

He is also required to only stay in Kenya, visit the registrar once in every week and provide all the necessary contacts to be reached.

The lawyer has been warned against subverting the court orders.

‘‘..the Chamber may declare the financial security provided by Mr Gicheru forfeit to the Court, issue a warrant of arrest in respect of Mr Gicheru at the request of the Prosecutor or on its own initiative, and/or issue any other order it deems relevant in relation to a failure to comply with these conditions.’’  

Gicheru surrendered to the court on November 2, 2020, pursuant to a warrant of arrest that was issued against him on March 10, 2015. His co-accused, Philip Kipkoech Bett, who was also wanted at The Hague, is still at large. He first appeared for the pre-trial on November 6, 2020, before the court ended the sessions on November 11.

The two are accused of tampering with witnesses in the cases in which Kenyan Deputy President William Ruto was sued at the ICC for crimes against humanity during the 2007/2008 post-election violence.

Facing multiple counts

Pre-trial Chamber II report under the leadership of Judge Ekaterina Trendafilova states as follows about their offences: “The Prosecutor alleges the individual criminal responsibility of Paul Gicheru and Philip Kipkoech Bett, under six counts with respect to six witnesses of the Court, for offences against the administration of justice of corruptly influencing a witness under Article 70(1)(c) of the Statute, in conjunction with article 25(3)(a) of the Statute, or alternatively, article 25(3)(d), or (c), or, with respect to Paul Gicheru only, article 25(3)(b) of the Statute.”

The Kenyan post-election ended in the early months of 2008 with deaths of over 1,000 people and displacement of over 600,000 others. Raila Odinga of the opposition ODM party had alleged denied the outcome of the 2007 presidential election citing rigging by former president Mwai Kibaki. Supporters of the two parties clashed leaving trails of death and destruction in the country.