ICC seeks arrests of two Kenyans for bribing witnesses

The International Criminal Court (ICC) has made public arrest warrants against two Kenyans accused of corruptly influencing prosecution witnesses.

The arrest warrants against lawyers Paul Gicheru and Philip Kipkoech Bett were initially issued on March 10 for preventing administration of justice by corruptly influencing prosecution witnesses that prosecutors say has dogged their attempts to operate in Kenya.

The men were arrested in Nairobi on July 30 by the Kenyan police in Nairobi in execution of the ICC's request for arrest and surrender and were presented before a Judge of the High Court of Kenya.

ICC judges said the witness corruption case should be handled in The Hague in part because they doubted Kenya's willingness to prosecute Gicheru and Bett.

"The (ICC) Chamber decided further that it was necessary to arrest the two suspects to ensure their appearance at trial, so that they do not obstruct or endanger the investigation or proceedings, and so that they do not continue to commit the crimes charged," ICC Prosecutor Fatou Bensouda said in a statement received on Friday.

The statement said Pre-Trial Chamber II on Thursday found that there are reasonable grounds to believe that the two were criminally responsible for offences against the administration of justice. The Court said based on the Prosecutor's evidence, it was necessary to arrest the two suspects to ensure their appearance before the Court.

"The chamber will ensure they do not obstruct the investigation or court proceeding, and to prevent the further exercise of corrupt influence on the witnesses of the Court," said the statement.

The ICC also declined to lift a warrant of arrest it issued against former journalist Walter Barasa in 2013. The Trial Chamber II, in its decision Thursday, ruled that if Barasa voluntarily presented himself before that court, he would have to be detained until he applies for a temporally release.

Barasa was charged with several offences against the administration of justice, including corruptly influencing or attempting to corruptly influence ICC witnesses. But he argued that a summon to appear ought to have been issued instead.

"Collectively, these warrants of arrest underscore my commitment to using, to the extent possible, available measures under the Rome Statute to safe-guard the integrity of the Court's proceedings. My Office is investigating, identifying, and prosecuting individuals who seek to pervert the course of justice at the ICC," Bensouda said.

She said the Prosecution Office's independent and impartial investigations and prosecutions in the Kenya situation have been methodically undermined by a relentless campaign that has targeted individuals who are perceived to be Prosecution witnesses, with threats or offers of bribes, to dissuade them from testifying or persuade witnesses to recant their prior testimony. Endit