Photo: Gatundu South MP Hon Moses Kuria (left) and DP William Ruto (right). in 2015 Hon Kuria at a public rally in Mt Elgon confessed that he together with the then Justice and Constitutional Affairs Minister Hon Martha Karua had conspired to fix Ruto at the ICC over 2007 post election violence.
By Wahome Thuku
MY SENIOR Paul Gicheru is now in custody at the ICC in The Hague Netherlands. I have been there and I can tell you it’s cold, lonely and very far from home.
Gicheru is suspected of offences against the administration of justice consisting in corruptly influencing witnesses of the ICC in the case against William Ruto.
That I what being a skewed lawyer with skewed practice can do to you and for you.
Note, he is not a witness and he is not being tried over the actual 2007 PEV, it’s just for influencing witnesses, a crime under Article 70 of the Time Statute.
Two things now. His trial starts anytime and it may take short or long time depending on him. I don’t know why he decided to surrender and that is exactly the point. He may confess, plead guilty and the matter closed.
Or he may deny the charge and a trial happens and go either way.
Whatever route this takes, one of the outcomes will be to bring to life the original statements of the witnesses he is alleged to have bribed to withdraw them. And ofcourse recalling those witnesses if any is available.
Should the witnesses confirm that they were indeed influenced to disappear and frustrate the case, then the case itself gets back its life.
Article 70 of the Rome Statute empowers the ICC to prosecute anyone for among other offences Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence
Each state party is expected to arrest, prosecute and punish persons who commit this offence against the administration of justice in the ICC within its territories, in the same way it would punish those who commit the same against the local courts.
In the event of conviction, the ICC may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.