ICC Sets Tough Conditions for Release of Kenyan Lawyer Paul Gicheru

Kenyan lawyer, Paul Gicheru is set to be released from the International Criminal Court (ICC) detention.

This comes after The Hague-based court on Friday granted his request for conditional release pending the hearing of the case against him.

"In the view of the Chamber, Gicheru’s voluntary surrender demonstrates his concrete willingness to subject himself to the jurisdiction of the court in relation to the allegations against him," the pre-trial Chamber said.

The chamber’s decision will be implemented once the ICC Registry completes all the necessary arrangements. 

The court set tough conditions for his release including the provision of Sh1 million financial security to the ICC Registrar in form of cash or bank order.

He will also be required to surrender himself immediately to the relevant authorities if required by the Chamber; reside in Kenya at an address that he has provided to the court for the duration of the proceedings; and provide the Registrar with copies of all passports, visas, identity documents, and any other travel documents issued to him.

During the trial period, Gicheru will only be allowed to travel to two countries—the Netherlands and another unspecified country. He must seek clearance from the ICC a week before the date of travel.

If he has to travel to any other country, Gicheru is required to give the court a 14-day notice, giving reasons for travel.

Gicheru must also report once a week to the ICC Registrar, including through video conferencing technology, and ensure that his phone number remains active and with sufficient credit to be reachable at any time.

He has further been barred from contacting prosecution witnesses or victims in the case except through his lawyer and within strict protocols.

“In the event that Mr. Gicheru would fail to comply with any of the aforementioned conditions restricting liberty, the Chamber may declare the financial security provided by Mr. Gicheru forfeit to the Court, issue a warrant of arrest in respect of Mr Gicheru at the request of the Prosecutor or on its own initiative pursuant to rule 119(4) of the Rules, and/or issue any other order it deems relevant in response to a failure to comply with these conditions,” Judge Reine Adélaïde Sophie Alapini-Gansou said.

Gicheru surrendered himself to the Dutch authorities on November 2nd, 2020, five years after the ICC issued a warrant of arrest against him.

He is suspected of offenses against the administration of justice consisting of corruptly influencing witnesses.

The lawyer is believed to have bribed or attempted to bribe six key prosecution witnesses by offering them bribes and other inducements so that they could recant their evidence and withdraw as witnesses. 

The withdrawal of the said witnesses led to the collapse of the criminal case against Deputy President William Ruto and radio journalist Joshua Arap Sang, who were being tried over the 2007/2008 post-election violence.