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

Islamic State Survivor: A Yazidi Girl's Tale

Sarah Said Haydar, captured a year ago while fleeing Islamic State onslaught in northern Iraq, was so traumatized by militants, she sought to end her own life More

EU, US Applaud Kosovo Law on Special Court

Joint statement says lawmakers' decision to address allegations of war crimes 'demonstrated their commitment to the rule of law and to honor international agreements' More

ASEAN Ministers to Push for S. China Sea Agreements

According to documents obtained by VOA Khmer, ministers will stand up for 'freedom of navigation, unimpeded lawful maritime commerce, trade and over flight' 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.
Cambodia Makes Progress Curbing Bear Tradei
X
Robert Carmichael
August 04, 2015 3:07 PM
Cambodia’s wild bears are under unprecedented pressure. Their native forests are being cut down at record rates, and China's huge demand for traditional medicine has made them targets. But experts say Cambodia's conservation efforts are setting an example that has put it well ahead of its neighbors in protecting bears. Robert Carmichael reports for VOA from Phnom Penh.
Video

Video Cambodia Makes Progress Curbing Bear Trade

Cambodia’s wild bears are under unprecedented pressure. Their native forests are being cut down at record rates, and China's huge demand for traditional medicine has made them targets. But experts say Cambodia's conservation efforts are setting an example that has put it well ahead of its neighbors in protecting bears. Robert Carmichael reports for VOA from Phnom Penh.
Video

Video Growing Number of E. Jerusalem Palestinians Seek Israeli Citizenship

Most Palestinians living in East Jerusalem have long rejected the option of full Israeli citizenship, seeing it as a betrayal to their political cause - the formation of a Palestinian state with East Jerusalem as its capital. But as that dream remains elusive, more and more Palestinians are applying for Israeli citizenship. Zlatica Hoke reports the decision is hard for many Palestinians who say they have to be pragmatic about it.
Video

Video With No Money, More Students, African Universities Struggle

Academics from around the African continent converged in Johannesburg last week for the African Universities Summit, a chance to tackle some of the major issues facing higher education in Africa today. VOA's Anita Powell reports from Johannesburg.
Video

Video Iraqi Yazidis Fear Death of Their Community

A year ago on August 3, Islamic State militants stormed the homelands of Iraq’s Yazidi minority, killing hundreds of men and enslaving thousands of women. The scenes of desperate Yazidi families crowding on the top of Sinjar mountain without food or water spurred Kurdish fighters into action, an emergency airlift and the start of the U.S. airstrike campaign against the Islamic State Sunni extremists. VOA's Sharon Benh reports from northern Iraq.
Video

Video Bangkok Warned It Soon Could Be Submerged

Italy's Venice and America's New Orleans are not the only cities gradually submerging. The nearly ten million residents of the Bangkok urban area now must confront warnings the city could become uninhabitable in a few decades. VOA Correspondent Steve Herman reports from the Thai capital.
Video

Video Inclusive Gym Gets People With Disabilities in Fitness Spirit

Individuals with special needs are 58 percent more likely to be obese than the general population. According to the U.S. Centers for Disease Control, they also have an increased likelihood of anxiety, depression and social isolation. But a sports club outside Washington wants to make a difference in these people's lives. With Carol Pearson narrating, VOA's June Soh reports.
Video

Video Wisconsin's Voter ID Law Still Mired In Controversy

Voter ID laws have sparked controversy across the US. More than 30 states enacted laws requiring citizens to show identification before they vote. Against fierce opposition, the state of Wisconsin recently enacted one the most restrictive voter ID laws in country. As Jeff Swicord reports, no one can predict its impact as the 2016 election nears.
Video

Video Astronauts Train Underwater for Deep Space Missions

Manned deep space missions are still a long way off, but space agencies are already testing procedures, equipment and human stamina for operations in extreme environment conditions. Small groups of astronauts take turns in spending days in an underwater lab, off Florida’s southern coast, simulating future missions to some remote world. VOA’s George Putic reports.
Video

Video Ebola Vaccine Hailed as Highly Effective

At last, there's a way to end the suffering from the Ebola epidemic that has ravaged West Africa for more than a year. Researchers say the vaccine is so effective, there may never be a major outbreak of Ebola again. VOA's Carol Pearson reports.
Video

Video Special Olympics Show Competitors' Skill, Determination

Special Olympics competitions will wrap up Saturday in Los Angeles, and the closing ceremony for athletes with intellectual disabilities will be held Sunday night. In a week of competition, athletes have shown what they can do through skill and determination. VOA's Mike O'Sullivan reports.
Video

Video Civil Rights Leaders Struggled to Achieve Voting Rights Act

Fifty years ago, lawmakers approved, and U.S. President Lyndon Johnson signed, the Voting Rights Act of 1965. The measure outlawed racial discrimination in voting, giving millions of blacks in many parts of the southern United States federal enforcement of the right to vote. Correspondent Chris Simkins introduces us to some civil rights leaders who were on the front lines in the struggle for voting rights.
Video

Video Shooter’s Grill: Serving Food with a Touch of the Second Amendment

Shooter's Grill, a restaurant in Rifle, Colorado, attracts visitors from all over the world as well as local patrons. The reason? Waitresses openly carry loaded firearms as they serve food, and customers are welcome to carry them, too. VOA's Enming Liu and Lin Yang paid a visit to Shooter's Grill, and heard different opinions about this unique establishment.
Video

Video Despite Controversy, Business Owner Continues Sale of Confederate Flags

At Cooter’s, a store in rural Sperryville, Virginia, about 120 kilometers west of Washington, D.C., Confederate flags are flying off the shelves. The red, white and blue battle flag, with 13 white stars representing the Confederate states, was carried by southern forces during the U.S. Civil War in the 1860s. The South had seceded from the Union over several key issues of disagreement, including slavery. VOA’s Deborah Block has the story.
Video

Video Booming London Property a ‘Haven for Dirty Money’

Billions of dollars of so-called ‘dirty money’ from the proceeds of crime - especially from Russia - are being laundered through the London property market, according to anti-corruption activists. As Henry Ridgwell reports from the British capital, the government has pledged to crack down on the practice.
Video

Video Hometown of Boy Scouts of America Founder Reacts to Gay Leader Decision

Ottawa, Illinois, is the hometown of W.D. Boyce, who founded the Boy Scouts of America in 1910. In Ottawa, where Scouting remains an important part of the legacy of the community, the end of the organization's ban on openly gay adult leaders was seen as inevitable. VOA's Kane Farabaugh reports.

VOA Blogs