- Independent experts contracted by the ICC concluded cases were bungled by Ocampo.
- It remains unclear whether Bensouda is ready to deal with another Kenyan case.
Image: FILE
The surrender of Kenyan lawyer Paul Gicheru came as a shock even at the ICC, a veteran British-born Israeli lawyer has said.
In an interview with the Star, Nick Kaufman, who represents journalist Walter Barasa, also wanted at the ICC over witness tampering, said the surrender was a bombshell to everyone.
“I think that this surrender has shocked the whole establishment, both in Kenya and in the corridors of the International Criminal Court,” Kaufman said.
It remains unclear whether chief prosecutor Fatou Bensouda is ready to revisit the Kenyan cases after independent experts concluded the cases were messed up by her predecessor Louis Moreno Ocampo.
Kaufman spoke hours after Gicheru was handed over by the Dutch authorities to the ICC. The ICC announced Gicheru would be taken to court anytime.
Gicheru was slapped with an arrest warrant in 2015 for allegedly influencing witnesses in the case against Deputy President William Ruto and his then co-accused Joshua Sang'.
There has been speculation that Gicheru’s trial could resuscitate the case against Ruto and Sang'.
Kaufman, however, said this will depend entirely on what Gicheru tells the ICC.
“On the face of it, the effect on the case against Ruto and Sang, if at all, will depend on what Gicheru has to say in his defence to the charges levelled at him,” the lawyer told the Star.
On Tuesday, a lawyer, who represented Sang' in the ICC case, dismissed Gicheru’s surrender as of no legal implication on his client.
"I can confidently say no amount of effort can resurrect the cases. It’s nothing to worry about,” lawyer Joel Bosek told the Star.
Referring to an external expert review report commissioned by Bensouda on the conduct of the Kenyan cases, Bosek said the report concluded the cases were bungled during investigations.
Kaufman declined to indicate whether Barasa would also surrender.
“I am still counsel for Walter Barasa and I will not make any comment regarding his case,”Kaufman stated.
In March 2018, Barasa told this writer that he was ready to surrender to the ICC to clear his name.
He said he was broke, nobody was ready to employ him and yet many thought he was a tycoon for being associated with Ruto.
“The only way to redeem myself is to clear my name from the ICC allegations, erase the wild perceptions from the public and start life with the hope that God will grant me and my family more days,” Barasa said.
Kaufman has advised and represented a number of high-profile personalities including ex-Democratic Republic of Congo vice president Jean-Pierre Bemba.
Kaufman said Gicheru could be released to battle the ICC charges away from detention.
“Gicheru is entitled to interim release and will be expected to seek such release immediately — even at his initial appearance. The prosecution's views on such a request will be crucial and will depend on the nature of the guarantees which he offers. His surrender, as you said, is voluntary and that will count in his favour,” he stated.
“The confirmation hearing in the previous Article 70 proceedings against Jean-Pierre Bemba (who I also represented) was conducted by way of written pleadings and I envisage the same procedure being adopted in the present case.”