Lawyer says allegations against him not true, prepares to argue his case

ICC Judge Reine Alapini-Gansou.

Lonesome, easy and appearing via video link from a cold detention centre, lawyer Paul Gicheru faced a judge of the International Criminal Court (ICC) and pleaded his innocence.

Clad in a dark suit, a sky blue shirt and a diamond patterned tie, he pensively listened from the ICC’s detention centre as the court’s assistant read the six charges he is facing.

He informed pre-trial court judge Reine Adélaïde Sophie Alapini-Gansou that he decided to surrender on his own volition, was treated well and he had no complaint to make with regard to his detention.

He said that he incurred his own cost to travel to The Netherlands and subsequently handed himself to the Dutch authorities on February 2, 2020.

“There was no threat or coercion. The condition of detention, I have been treated well and I have no complaint and the officers were very helpful,” he said.

The case began at exactly 6pm yesterday.

Before the court assistant read the charges, the judge asked him whether he understood English and he replied yes.

Gicheru was also asked whether the prosecution had explained to him the charges he was facing and detailed the same. He replied in the affirmative.

The lawyer explained to the court that he intended to battle his accusers by himself, but would leave his options open.

Prosecutor Fatou Bensouda’s office asserted that although he is an advocate, the difference between Kenyan court’s practice and that of the ICC could be a challenge to him.

It also emerged from the proceedings yesterday that the man who was prosecuting Deputy President William Ruto’s case Anton Steinberg would be the one taking on Gicheru.

“I understand that he reserves the right to represent himself. I appreciate that he is a qualified lawyer within his jurisdiction but the proceedings in this court is quite different. The confirmation proceedings can be quite complex. I would request that the accused be advised to have an assisting counsel,” argued Steinberg.

Gicheru said he would consider the prosecution advice but observed that Steinberg had forgotten to ask him whether he would admit or deny the charges.

The 48-year-old lawyer told the judge that the six charges were falsehoods, adding that he would deny them all.

“I do not intend to admit the charges against me. The allegations read out to me are not true, they are false, all of them are false. Hon. Judge that is why you have given us time for confirmation. On the issue of whether the pre-trial chamber should continue in spite the objection, I agree with the court, there is an order and this is an administrative issue and the right forum is this particular chamber,” Gicheru replied.

Justice Gansou informed the parties that although Gicheru had surrendered, his co-accused Patrick Bett was still at large.

Gicheru urged the judge to separate his case from that of Bett.

“I similarly agree that we can separate the trials and this is for the basic person as we do not know when the other person will surrender, if he will. We can have written observation. Save for that, I have no other comments,” he submitted.

From the court’s direction, Gicheru will be in The Hague come next year.

The court directed the prosecution to submit its evidence and documents by the end of February and Gicheru would have a until March 29 to reply.

The court will then decide when it will commence the confirmation of charges hearing.