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Barasa should go to the Hague, says DPP
Tuesday, November 12, 2013 - 00:00 --
BY CAROLE MAINA REQUEST DENIED:
Journalist Walter Barasa. September 22 Photo/FileThe Director of Public Prosecution Keriako Tobiko wants wanted journalist Walter Barasa to be tried at the ICC. Tobiko has said the Rome Statute, the Rules of procedure and evidence provide for a fair trial. He says there is neither any complaint, investigations nor prosecution currently underway in Kenya against the scribe for the offences of administration of justice he is accused of by the ICC. The ICC wants Barasa to be extradited to The Hague to face charges of interfering with witness in the crimes against humanity cases against Deputy President William Ruto and Journalist Joshua Sang. A warrant for his arrest was issued on October 2, 2013 by ICC Judge Cuno Tarfusser who asked the Kenyan Government to arrest the scribe and hand him over to the Hague court to face trial. Barasa through lawyer Kibe Mungai moved to challenge the warrant and he has told court that he is entitled to be notified of and supplied with all information and documents furnished to Kenya by the ICC in support of the request for his arrest and surrender to the ICC. The DPP is opposed to Barasa’s request to be provided with documents and information relating to his case. In an affidavit filed by Assistant Director of public Prosecution - Victor Mule- the court has been told that the request by the scribe has not been supported by either the International Crimes Act (ICA)or the constitution. Mule says the court would set a bad precedent to make such orders as every suspect or any person under investigation in any case in Kenya would require to be furnished with all documents relating to the investigation even before any proceedings are commenced in a court of law in respect of such matter.“The petitioner is putting the cart before the horse by demanding the information and documents supplied to Kenya by the ICC in support of the request for assistant”.Mule further says that Barasa argument that there are exceptional circumstances which the DPP and the interior cabinet minister failed to consider while forwarding a request for his warrant to the court to his prejudice and which entitles them to decline the request by the ICC is premature as the proper forum for such move is the High Court. The lawyer further states that Barasa has not demonstrated how any of his freedoms and rights enshrined in the constitution have been breached or violated or are likely to be breached or violated. Yesterday, parties appeared before Justice Richard Mwongo for hearing, but the case was adjourned to 4th December after Barasa’s lawyer Kibe Mungai informed the court that the former journalist was bereaved. - See more at: http://www.the-star.co.ke/news/article-143170/barasa-should-go-hague-says-dpp#sthash.cETBwcam.dpuf
Director of public prosecution opposed to Walter Barasa's application
Updated Monday, November 11th 2013 at 12:09 GMT +3
The Director of Public Prosecutions (DPP) has opposed an application by journalist Walter Barasa to be provided with documents and information regarding a request by the ICC for his extradition to face criminal charges at the Hague.
The DPP says that the demand by Barasa is premature and is not supported by either the International Crimes Act or any other law within the Kenyan constitution. He argues that Barasa can only receive the required documents once his trial has commenced.
“The petitioners are putting the cart before the horse by demanding the information and documents supplied by Kenya to the ICC in support of the request for assistance,” the DPP argues in a replying affidavit filed in court.
The affidavit is in response to a petition filed by Barasa in which he is challenging the arrest warrant issued against him by the International Criminal Court over allegations of interfering with witnesses in the ongoing trials of Deputy President William Ruto and radio journalist Joshua Arap Sang. Among his demands is that he be provided with all documents relating to the extradition request by the ICC.
In his affidavit, the DPP has further dismissed claims by Barasa that the offences he is accused of can be tried in Kenya as ‘baseless unfounded and lacking any legal reasoning.’
He says there is neither a complaint, investigations nor prosecution currently underway in Kenya against the petitioner for the offences he is accused of by the ICC.
Lawyers appearing for various parties in Barasa’s petition appeared before Justice Richard Mwongo, but the hearing was adjourned to 4th December after Barasa’s lawyer Kibe Mungai informed the court that the former journalist was bereaved.