ICC Rejects Kenyan Lawyer Paul Gicheru's Request for Temporary Stay of Trial

The International Criminal Court (ICC) has dismissed a request by Kenyan lawyer Paul Gicheru to suspend the status conference slated for September 25th.

Gicheru, who is facing witness tampering charges, applied to have presiding Judge Maria Samba recuse herself from the case.

Through his attorneys, Gicheru argued that judge Samba’s work in the Office of the Prosecutor during investigations into the 2007/08 post-election violence (PEV) raised questions about her impartiality.

They noted that the judge’s revelation that she previously participated in the Kenyan investigations would jeopardize his right to a fair trial.

But the judge dismissed his application, stating that the pre-trial conference is meant to prepare for the hearing of the case.

Justice Samba indicated the accused would not suffer any harm if he appears during a virtual conference, adding that she was not privy to the evidence to be produced by the prosecution. She stated that her involvement in the PEV probe was only on matters of logistics.

“In any event, if the request for disqualification is granted, the defense may file a request to amend any decision issued by Judge Samba with the new chamber. No prejudice to the defense–permanent or otherwise–is caused by continuing the preparation of the proceedings, let alone any prejudice, which would justify a temporary stay of proceedings,” she ruled.

The judge ruled that the accused person failed to explain why her prior employment in the Office of the Prosecutor would prejudice his case during the status conference, and why she should not set the trial dates.

ICC Prosecutor announced he will present 12 to 13 witnesses to give oral testimony at trial. They include six Kenyans who will testify how they were corruptly influenced by Gicheru to recant their evidence against Deputy President William Ruto and journalist Joshua Sang. 

The court will also hear testimonies from three investigators, and two to three expert witnesses.