Journalist Walter Barasa has been dealt a blow after the Appeal Court in Nairobi dismissed his case in which he sought to block extradition to the International Criminal Court at The Hague.
Judges William Ouko, Wanjiru Karanja and Sankale Ole Kantai said the appeal lodged by Barasa was premature.
“The said appeal lacks substance and it is accordingly dismissed,” they said.
Barasa has been in and out of the courts since the ICC unsealed a warrant for his arrest.
The warrant alleged that the journalist was involved in corruptly influencing witnesses.
When Barasa learned of his impending arrest, he petitioned the High Court where he filed two petitions. In one he asked the court to suspend the request for his arrest, further proceedings by the Cabinet Secretary and to prohibit CS Interior, Attorney General, Director of Public Prosecutions and the Inspector General of Police from taking any other action in furtherance of the request.
He also sought an order compelling the Inspector General of Police to provide him with security and protection against his arrest by ICC agents.
But High Court judge Richard Mwongo said he was satisfied with the reasons given by the Interior CS for the arrest and that there were no reasons to decline the request by ICC prosecutor Fatou Bensouda, hence he issued an arrest warrant.
Aggrieved by that decision, Barasa appealed but lost.
The state was opposed to his appeal and submitted that Kenya as a signatory to the Rome Statute is obligated to cooperate with ICC, a fact that is not negotiable.
