The Director of Public Prosecution Keriako Tobiko wants wanted journalist Walter Barasa to be tried at the ICC. Tobiko has said the Rome Statute, the Rules of procedure and evidence provide for a fair trial.
He says there is neither any complaint, investigations nor prosecution currently underway in Kenya against the scribe for the offences of administration of justice he is accused of by the ICC.
The ICC wants Barasa to be extradited to The Hague to face charges of interfering with witness in the crimes against humanity cases against Deputy President William Ruto and Journalist Joshua Sang.
A warrant for his arrest was issued on October 2, 2013 by ICC Judge Cuno Tarfusser who asked the Kenyan Government to arrest the scribe and hand him over to the Hague court to face trial.
Barasa through lawyer Kibe Mungai moved to challenge the warrant and he has told court that he is entitled to be notified of and supplied with all information and documents furnished to Kenya by the ICC in support of the request for his arrest and surrender to the ICC. The DPP is opposed to Barasaâ€™s request to be provided with documents and information relating to his case.
In an affidavit filed by Assistant Director of public Prosecution â€“ Victor Mule- the court has been told that the request by the scribe has not been supported by either the International Crimes Act (ICA)or the constitution.
Mule says the court would set a bad precedent to make such orders as every suspect or any person under investigation in any case in Kenya would require to be furnished with all documents relating to the investigation even before any proceedings are commenced in a court of law in respect of such matter.
â€œThe petitioner is putting the cart before the horse by demanding the information and documents supplied to Kenya by the ICC in support of the request for assistantâ€.
Mule further says that Barasa argument that there are exceptional circumstances which the DPP and the interior cabinet minister failed to consider while forwarding a request for his warrant to the court to his prejudice and which entitles them to decline the request by the ICC is premature as the proper forum for such move is the High Court.
The lawyer further states that Barasa has not demonstrated how any of his freedoms and rights enshrined in the constitution have been breached or violated or are likely to be breached or violated.
Yesterday, parties appeared before Justice Richard Mwongo for hearing, but the case was adjourned to 4th December after Barasaâ€™s lawyer Kibe Mungai informed the court that the former journalist was bereaved.
By Carole Maina for The Star