Court of Appeal to hear Barasa's ICC case Thursday

A Kenyan Journalist Walter Barasa addresses Journalists in Nairobi where he claimed that he had been forced to go and lie at the ICC Courts as a witness against Deputy President William Ruto. [PHOTO: FILE]

NAIROBI, KENYA: The Court of Appeal will this morning start hearing a case in which former journalist, Walter Barasa, is contesting a High Court decision to extradite him to The Hague to face criminal charges.

A three-judge bench will consider a petition filed by Mr Barasa in which he seeks to block his handing over on grounds that a ruling by Justice Richard Mwongo on May 14, allowing his extradition was against his constitutional rights.

Justice Mwongo ordered an arrest warrant on Barasa on the basis of an application by the Director of Public Prosecutions (DPP).

The DPP made the application after Kenya received the Internal Criminal Court arrest warrant against Barasa.

Barasa is wanted on claims that he interfered with witnesses in the ongoing criminal case facing Deputy President William Ruto and radio journalist Joshua Sang.

According to the arrest warrant, Barasa bribed or attempted to bribe three witnesses to have them withdraw their testimony against the Deputy President.

VIOLATION OF RIGHTS

In the petition before the Court of Appeal, Barasa, represented by lawyer Kibe Mungai, wants the court to declare the High Court ruling against him as a violation of his constitutional rights.

"The honourable court be pleased to grant an order of injunction to restrain the respondents from arresting and surrendering Barasa to the ICC pending filing, hearing and determination of the appeal against the High Court decision," submitted Mr Mungai when he sought the suspension of the arrest warrant.

Barasa also wants the court to find that the High Court judge erred in law by hearing the application for the arrest warrant ex-parte, meaning the case was heard without the input of his lawyers.