Due process must be followed on extradition of ICC suspects Govt

Government Spokesman Eric Kiraithe has said that the government is not ready to surrender three Kenyan suspects wanted by the International Criminal Court over alleged witness tampering.

Speaking to the media at his office on Thursday, Kiraithe said the trio; Paul Gicheru, Philip Bett and Walter Barasa who are alleged to have bribed witnesses under the ICC witness protection programme in the case against Deputy President William Ruto and Joshua Sang are currently facing extradition proceedings.

The government spokesman also said the three men will only be extradited to The Hague-based court in Netherlands after the all the legal procedures are met.

This comes a day after ICC Prosecutor Fatou Bensouda called for arrest of the suspects for alleged witness interference after the case collapsed due to witness tampering and political meddling.

In a statement, Bensouda said prosecutions before the ICC can stand or fall on the willingness of witnesses to come forward and tell their story in the courtroom.

According to Bensouda, 17 witnesses who had agreed to testify against the accused subsequently withdrew their cooperation with the court.

“Tuesday’s decision sends a strong message: witness interference and perverting the cause of justice will not be tolerated at the ICC,” said Bensouda.

She in her statement claimed prosecution witnesses in this case were subjected to intimidation, social isolation and threats to prevent them from testifying.

“As a result, potential witnesses told us they were too afraid to commit to testifying against the accused.  Others, who initially gave us accounts of what they saw during the post-election period, subsequently recanted their evidence, and declined to continue cooperating with the Court,” read part of the statement

Bensouda is now calling on the Government of Kenya to fulfill their obligations under the Rome Statute and surrender the three suspects to the Court without further delay.

“The witness interference and hostile environment referenced in Tuesday’s decision underscore the necessity for the Government of Kenya to honour its obligations and surrender these suspects to the custody of the Court,” read the statement.

According to Bensouda, the Government of Kenya would have been a critical ally and partner of the office, since the case was about crimes committed against Kenyans, crimes defined and proscribed by a treaty ratified by the Government of Kenya.