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

Video On the Scene: In Gaza, Darkness Brings Dread and Death

Palestinians fear nighttime raids, many feel abandoned by outside world, VOA's Scott Bobb reports More

African Small Farmers Could Be Key to Ending Food Insecurity

Experts say providing access to microloans, crop insurance, better storage facilities, irrigation, road systems and market information could enable greater production More

University of Michigan Wins Solar Car Race

Squad guided its student-designed solar-powered vehicle to fifth consecutive time victory in eight-day bi-annual American Solar Challenge 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.
Vietnamese Staging Chinese Product Boycott After Oil Rig Spati
X
Reasey Poch
July 28, 2014 7:18 PM
China recently pulled an oil rig from an area of the disputed South China Sea that Vietnam also claims. Despite the action, the incident has had a lingering effect on consumers in Vietnam. VOA's Reasey Poch reports from Hanoi on an effort to boycott Chinese products.
Video

Video Vietnamese Staging Chinese Product Boycott After Oil Rig Spat

China recently pulled an oil rig from an area of the disputed South China Sea that Vietnam also claims. Despite the action, the incident has had a lingering effect on consumers in Vietnam. VOA's Reasey Poch reports from Hanoi on an effort to boycott Chinese products.
Video

Video ESA Spacecraft to Land on a Comet

After a long flight through deep space, a European Space Agency probe is finally approaching its target -- a comet millions of kilometers away from earth. Scientists say the mission may lead to some startling discoveries about the origins of the water on earth. VOA’s George Putic has more.
Video

Video Young Africans Arrive in US for Leadership Program

President Barack Obama's Young African Leadership Initiative has brought hundreds of young Africans to the United States for a six-week program aimed at building their knowledge and skills in fields such as public administration and business. Out of the 50,000 young Africans who applied for the program, just one percent was accepted. VOA's Laurel Bowman caught up with some of those who made the cut and has this report.
Video

Video In Honduras, Amnesty Rumors Fuel US Migration Surges

False rumors in Central America are fueling the current surge of undocumented young people being apprehended at the U.S. border. The inaccurate claims suggest the U.S. will give amnesty to young migrants from the region. As VOA's Brian Padden reports from Honduras, these rumors trace back to President Obama's 2012 executive order to halt deportations for some young undocumented immigrants already living in the United States.
Video

Video Students in Business for Themselves

They're only high school students, but they are making accessories for shoes, fabricating backpacks and doing product photography - all through their own businesses. It's the result of a partnership between a non-profit organization that teaches entrepreneurship and their schools. VOA's Mike O'Sullivan and Deyane Moses met the budding entrepreneurs near Los Angeles.
Video

Video Astronauts Train in Underwater Lab

In the world’s only underwater laboratory, four U.S. astronauts train for a planned visit to an asteroid. The lab - called Aquarius- is located five kilometers off Key Largo, in southern Florida. Living in close quarters and making excursions only into the surrounding ocean, they try to simulate the daily routine of a crew that will someday travel to collect samples of a rock orbiting far away from earth. VOA’s George Putic has more.

AppleAndroid