The Court of Appeal will determine on July 31 whether the government should arrest and surrender journalist Walter Barasa to face trial before the International Criminal Court in The Hague.
Appellate Judges William Ouko, Wanjiru Karanja and Sankale ole Kantai reserved the judgment in the appeal where Barasa is resisting his capture and prosecution for allegedly corruptly influencing witnesses.
Lawyer Kibe Mungai argued that Barasa’s constitutional rights were likely to be violated by the proposed extradition proceedings to be initiated by the Attorney General and the Director of Public Prosecutions (DPP). Senior State Attorney Lillian Obuo and lawyer Wilfred Nderitu opposed the appeal.
The Eldoret-based scribe is facing the grim reality of three criminal charges after High Court Judge Richard Mwongo rejected his application to quash the impending extradition proceedings.
The judge had allowed the Interior minister to enforce the international arrest warrant issued on August 2, 2013 by judge Cuno Tarfusser of Pre-Trial Chamber II following a request by former Chief Prosecutor Fatou Bensouda.
Barasa is accused of corruptly influencing the first prosecution witness in the trial of Deputy President William Ruto and radio presenter Joshua Sang by offering her and her husband Sh1.4 million to withdraw her testimony.
The journalist is alleged to have attempted to induce her to meet him near Kampala in Uganda between May 20 and July 25, 2013.
In his petition dated October 8, 2013 the aggrieved journalist had argued that the alleged offences facing him in The Hague-subverting the administration of justice- can be tried locally and there are no sufficient grounds for his arrest and extradition to a foreign land where his rights and freedoms are not guaranteed.
In his contested ruling, Justice Mwongo said it was common ground that Barasa was an intermediary of the ICC when it was investigating the infamous post-election violence. The Rome Statute, which created the ICC, was ratified by Kenya and formed part of its domestic laws, he had said.