Lawyer Paul Gicheru ICC case

A 4^th witness in the ongoing trial of lawyer Paul Gicheru, who is facing charges of interfering with the administration of justice in the case on Kenya’s post-election violence, at the International Criminal Court (ICC), on Monday told the court that he was offered a Sh500,000 bribe to withdraw his testimony.

According to the witness, he met Gicheru in a “neat office” in the company of another person labeled person (14) where he was offered  Sh500,000 to stop giving statements in William Ruto’s case and also assist in locating other witnesses in exchange.

“I remember it was upstairs, a neat office and there was a reception,” he said.

“He (Gicheru) told me that I was going to receive Sh500,000 if I stopped giving statements in the Ruto case, and I will receive more if I bring other witnesses that I know of,” stated the witness

“Gicheru told me that ‘mkubwa’ wants no stone left unturned in this case and that he wanted me to assist in locating other witnesses,” the witness told the prosecution.

Gicheru is facing 8 charges of witness bribery and intimidation in what the Prosecution said was an attempt to sabotage the case against Deputy President William Ruto and journalist Joshua Arap Sang.

An arrest warrant for Gicheru and another Kenyan Philip Koech was issued on March 2015 for offences against the administration of justice consisting of corruptly influencing witnesses. Following the arrest warrant, Paul Gicheru surrendered to the authorities of The Netherlands On 2 November 2020.

The prosecution, during its opening remarks on February 14, 2022, said they will be presenting evidence of phone records and transactions to confirm that Gicheru acted to prevent witnesses from testifying and coerced them to recant their statements.

They stated that they will present evidence showing how Gicheru, while operating from his office in Eldoret, decided which witnesses will be targeted and how much money they will be given.

 “Ocampo Six”

On December 15, 2010, former prosecutor of the International Criminal Court Luis Moreno Ocampo named six Kenyans suspected to have masterminded the 2007/2008 post-election violence that left 1,133 people dead.

The six Kenyans codenamed “the Ocampo six”,  included President Uhuru Kenyatta then the Deputy Prime Minister, and Deputy President William Ruto then the MP for Eldoret North, together with the former head of the civil service Francis Muthaura, former police commissioner Hussein Ali, former Tinderet MP Henry Kosgey and Mr Joshua Sang.

The Ocampo six ended up at “Bensouda’s three” when ICC prosecutor Fatou Bensouda took over from Ocampo and dropped the cases against Mr Hussein Ali and Mr Henry Kosgey and ultimately Mr Kenyatta saying they had “no case to answer”.

“Personal Problem”

Uhuru Kenyatta and William Ruto joined hands and vied for the presidency in the 2012 elections, despite the ICC charges against them calling it a “personal problem”. They won the elections for two terms.

In December 2015 ICC prosecutor Fatou Bensouda withdrew the criminal charges against President Uhuru Kenyatta.

A statement from the Prosecutors said the evidence had “not improved to such an extent that Mr Kenyatta’s alleged criminal responsibility can be proven beyond reasonable doubt”.

In April 2016, The ICC terminated the cases against Ruto and Sang saying the accused had “no case to answer” as there was no sufficient evidence to sustain the case.

“On the basis of the evidence and arguments submitted to the chamber, Presiding Judge Chile Eboe-Osuji and Judge Robert Fremr, as the majority, agreed that the charges are to be vacated and the accused are to be discharged,” a statement from the ICC said.

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