Kenya: Gicheru’s Case At the ICC Faces Uncertainty As Witnesses Refuse to Cooperate

Nairobi — The Prosecution Case before the ICC against Kenyan Lawyer Paul Gicheru is facing uncertainty with more witnesses refusing to cooperate less than a week to the trial.

The Office of the Prosecutor has reported more difficulties with witness P-0743 and another that is yet to be revealed citing that they are no longer willing to testify.

Ironically, Gicheru has been charged with offences against the administration of justice consisting of corruptly influencing witnesses of the Court in the case of in The Prosecutor v. William Samoei Ruto and Joshua Arap Sang (Main Case).

Deputy Prosecutor, James Stewart approached the court seeking summons to compel the unrevealed witness to testify.

“On 25, 28 and 31 January 2022, the witness has broken off all communications. Since the witness now appears to be unwilling to cooperate further with the Court and time is of the essence to ensure a smooth presentation of the evidence, the Prosecution can only secure attendance at the upcoming trial via a summons request,” the prosecutor’s office stated.

Stewart noted that the anticipated testimony by the said witness was necessary for the determination of the truth and provide important information which includes the accused’s role in promising and paying money to Prosecution witnesses in the Main Case. The decision for this request is to be issued by Judge Maria Samba.

Further, on February 2, Judge Samba agreed to issue summons for P-0743 noting that a chamber has the power to compel the appearance of a witness, pursuant to Article 46) (b) of the Rome Statute.

While requesting summons for P-0743, the Prosecution termed the witness testimony in the current case as relevant since he also testified on witness interference during his testimony before the Chamber in the Main Case, implicating Gicheru.

In 2021, the prosecution citied difficulties with witness P-0604 and P-0495.

Prosecutor Stewart and the team stated that the prosecutor’s office had decided to drop the two witnessed. However, P-0459’s papers were admitted as evidence to be used by the prosecution.