News / Africa

Kenya Court to Rule on ICC Extradition Request

Defense attorney Kibe Mungai (l) and Walter Barasa (r) (Credit- James Shimanyula)
Defense attorney Kibe Mungai (l) and Walter Barasa (r) (Credit- James Shimanyula)
Peter Clottey
A Kenyan court plans to rule Friday on the International Criminal Court’s (ICC) extradition request for activist Walter Barasa.  The Hague-based court accuses him of interfering with witnesses. Barasa denies the accusation as without merit.

“I’m comfortable, because I deny allegations leveled against me, and much of it my lawyer has it and will [introduce] it in due course,” said Barasa.

The ICC issued an arrest warrant against Barasa, but he challenged the extradition order in a Kenyan court.

Barasa’s defense attorney Kibe Mungai accused the ICC of undermining the country’s constitution.  He says, for example, his case should be tried in Kenyan courts, and also that the ICC move violates his constitutional rights to see evidence against him.  The Kenyan Office of the Prosecutor says he can only see the information if he cooperates with the international court.

“Mr. Barasa wants the court to declare that the government of Kenya cannot oblige the request by the ICC,” said Mungai. “If he succeeds, that is the end of the story. If he also succeeds on the other part that the trial should be in Kenya, then the issue of warrant comes to an end. If he does not succeed then he may be surrendered in due cause to the ICC.”

Mungai says if the court upholds Kenya’s constitution, his client would not be subjected to extradition or to arrest by the ICC.   He said both the ICC and Kenya erred in issuing a warrant for Barasa.

“Our chances are good,” said Mungai. “The ICC has been acting illegally in this matter and the state [Kenya] has misinterpreted the law in issuing the request for surrender.”

The ICC accused Barasa of bribing witnesses in the trial of Kenya’s deputy President William Ruto. The court accuses Mr. Ruto and President Uhuru Kenyatta of playing a key role in the country’s 2007-2008 post-election violence that left about 1,300 people dead and tens of thousands internally displaced. Barasa denies the ICC charges.

Defense attorney Mungai says the ICC’s arrest warrant against Barasa flouts Kenya’s constitution.

“Under the laws of Kenya to implement the Rome Statute [establishing the court], the trial for those offenses is supposed to be in Kenya and even after issuing the warrant and knowing that Kenya is a signatory state, they tried to arrest Mr. Barasa unlawfully,” said Mungai. “All these issues will be raised in the Kenyan court [Friday and] I am confident that we shall succeed.”

In a related matter, the Kenyan Daily Nation newspaper quotes the ICC coordinator for Kenya and Uganda, as saying that Kenya could try Barasa if the country’s courts are equipped to handle the case.
Clottey interview with Kibe Mungai, defense attorney
Clottey interview with Kibe Mungai, defense attorneyi
|| 0:00:00
...
 
🔇
X

You May Like

As US Strikes Syria, China Sees Parallels at Home

Beijing is debating how much support to give international coalition against IS militants and trying to figure out how many Chinese nationals may have joined group overseas More

CDC: Ebola Could Infect 1.4 Million by January

update US health officials say if efforts to curb the outbreak are not increased, cases will soar dramatically by early next year More

Video USAID Provides $231 Million for Girls Education in 5 Countries

US Agency for International Development partners with celebrities to call attention to importance of education for girls worldwide More

This forum has been closed.
Comment Sorting
Comments
     
by: Velapi Ngwenya
October 18, 2013 9:33 AM
Now Ecoman dont be economical with the truth, there were approximately 20,000 people who lost their lives in a Southern African country in the 1980's. So before you "rock n roll" with statements, please check out the real facts.


by: Ecoman from: Nigeria
October 18, 2013 4:40 AM
Why has the ICC not arrested former U.S. President George W. Bush for crimes against humanity in Iraq? Or is it only African leaders that commit war crimes and crimes against humanity? A biased and racial ICC.


by: Xaaji Dhagax from: Somalia
October 17, 2013 10:29 PM
In the summit last week in Ethiopia all African leaders exclusively expressed that ICC's targeting black African leaders is politically motivated. Unmistakeably obvious now that ICC persecutors are behaving as if they have dictatorial mandate to indict any black leader, journalist, activist or poor farmer for a mere dubious crime. This kind of attitude has to be stopped.

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
NASA’s MAVEN Probe Enters Mars Orbiti
X
September 22, 2014 9:20 PM
NASA’s newest Mars probe, called MAVEN, has successfully entered its designated orbit around the Red Planet. Scientists will use its sophisticated instruments to try to learn what happened to the atmosphere Mars had a few billion years ago. VOA’s George Putic has more.
Video

Video NASA’s MAVEN Probe Enters Mars Orbit

NASA’s newest Mars probe, called MAVEN, has successfully entered its designated orbit around the Red Planet. Scientists will use its sophisticated instruments to try to learn what happened to the atmosphere Mars had a few billion years ago. VOA’s George Putic has more.
Video

Video For West Ukraine City, Conflict Far Away Yet Near

The western Ukrainian city of Lviv prides itself on being both physically and culturally close to Western Europe. The Russian-backed separatists in the eastern part of the country are 1,200 kilometers away, and seemingly even farther away in their world view. Still, as VOA’s Al Pessin reports, the war is having an impact in Lviv.
Video

Video Saving Global Fish Stocks Starts in the Kitchen

With an estimated 90 percent of the world’s larger fish populations having already vanished, a growing number of people in the seafood industry are embracing the concept of sustainable fishing and farming practices. One American marine biologist turned restaurateur in Thailand is spreading the word among fellow chefs and customers. VOA Correspondent Steve Herman reports from Bangkok.
Video

Video Chinese Admiral Key in China’s Promotion of Sea Links

China’s President last week wrapped up landmark visits to India, Sri Lanka and Maldives, part of a broader campaign to promote a new “Maritime Silk Road” in Asia. The Chinese government’s promotion efforts rely heavily on the country’s best-known sailor, a 15th century eunuch named Zheng He. VOA's Bill Ide reports from the sailor’s hometown in Yunnan on the effort to promote China’s future by recalling its past.
Video

Video Experts Fear Ebola Outbreak ‘Beyond Our Capability to Contain’

Each day brings with it new warnings about the deadly Ebola outbreak already blamed for killing more than 2,600 people across West Africa. And while countries and international organizations like the United Nations are starting to come through on promises of help for those most affected, the unprecedented speed with which the virus has spread is raising questions about the international response. VOA's Jeff Seldin has more from Washington.
Video

Video Natural Gas Export Plan Divides Maryland Town

A U.S. power company that has been importing natural gas now wants to export it. If approved, its plant in Lusby, Maryland, would likely be the first terminal on the United States East Coast to export liquefied natural gas from American pipelines. While some residents welcome the move because it will create jobs, others oppose it, saying the expansion could be a safety and environmental hazard. VOA’s Deborah Block examines the controversy.
Video

Video Difficult Tactical Battle Ahead Against IS Militants in Syria

The U.S. president has ordered the military to intensify its fight against the Islamic State, including in Syria. But how does the military conduct air strikes in a country that is not a U.S. ally? VOA correspondent Carla Babb reports from the Pentagon.
Video

Video Iran, World Powers Seek Progress in Nuclear Talks

Iran and the five permanent members of the U.N. Security Council plus Germany, known as the P5 + 1, have started a new round of talks on Iran's nuclear program. VOA State Department correspondent Pam Dockins reports that as the negotiations take place in New York, a U.S. envoy is questioning Iran's commitment to peaceful nuclear activity.
Video

Video Migrants Caught in No-Man's Land Called Calais

The deaths of hundreds of migrants in the Mediterranean this week has only recast the spotlight on the perils of reaching Europe. And for those forunate enough to reach a place like Calais, France, only find that their problems aren't over. Lisa Bryant has the story.
Video

Video Westgate Siege Anniversary Brings Back Painful Memories

One year after it happened, the survivors of the terror attack on Nairobi's Westgate Shopping Mall still cannot shake the images of that tragic incident. For VOA, Mohammed Yusuf tells the story of victims still waiting for the answer to the question 'how could this happen?'
Video

Video Whaling Summit Votes to Uphold Ban on Japan Whale Hunt

The International Whaling Commission, meeting in Slovenia, has voted to uphold a court ruling banning Japan from hunting whales in the Antarctic Ocean. Conservationists hailed the ruling as a victory, but Tokyo says it will submit revised plans for a whale hunt in 2015. Henry Ridgwell reports from London.
Video

Video A Dinosaur Fit for Land and Water

Residents and tourists in Washington D.C. can now examine a life-size replica of an unusual dinosaur that lived almost a hundred million years ago in northern Africa. Scientists say studying the behemoth named Spinosaurus helps them better understand how some prehistoric animals adapted to life on land and in water. The Spinosaurus replica is on display at the National Geographic museum. VOA’s George Putic has more.
Colonel Steve ‘Spiros’ Pisanos left Greece and came to the U.S. to learn to fly. He flew fighters for the Allies in World War II, narrowly escaping death multiple times.Colonel Steve ‘Spiros’ Pisanos left Greece and came to the U.S. to learn to fly. He flew fighters for the Allies in World War II, narrowly escaping death multiple times.

AppleAndroid