Court orders Inspector General of Police to ensure Walter Barasa’s security

Journalist Walter Barasa (right) and his lawyer Kibe Mungai at the Milimani Law Courts Wednesday. Barasa is seeking orders to block the warrant of arrest issued against him by the ICC.  [PHOTO: EVANS HABI/STANDARD]

By ISAIAH LUCHELI

KENYA: The High Court has directed the Inspector General of Police to ensure the security of journalist Walter Barasa following threats to his life and an attempted unprocedural arrest by International Criminal Court (ICC) investigators.

 Barasa’s lawyer, Kibe Mungai, told High Court judge Justice George Odunga that ICC investigators had attempted to arrest the journalist at Topeli Hotel in Nairobi and allegedly threatened to harm him for refusing to co-operate.

 “On September 15, an ICC investigator known as Paul Irani threatened Barasa with arrest following his refusal to implicate Deputy President William Ruto and this would have amounted to abduction.

“In view of this, I would like to pray to the court to direct the IG to offer Barasa adequate security to ensure his safety,” submitted Mungai.

 Mungai told the court that the ICC investigators were still in the country and may decide to carry out an unprocedural arrest of Barasa if the IG does not provide him with adequate security.

 “During the pronouncement of the warrant of arrest against Barasa, ICC Chief Prosecutor Fatou Bensouda indicated that the first attempt to have him arrested failed. This means they are determined to arrest him at all costs even without consulting the Kenyan government,” said the counsel.

Threatened him

According to Barasa, the investigators had threatened him with arrest and prosecution for various offences that would make him liable for imprisonment for up to five years. 

 However, Mungai submitted that Barasa declined to submit to the threats and intimidation and he subsequently held a press conference where he narrated his encounter with the ICC investigator.

He said it was illegal for the government to commence proceedings under the International Crimes Acts (ICA) before furnishing Barasa with the information upon which the ICC issued his arrest warrant.

 “The petitioner should be furnished with a copy of the arrest warrant issued by the ICC and documents supporting the warrant. ICC wants to have Barasa arrested in haste in total disregard of the International Crimes Act,” submitted Mungai.

He further told the judge that the procedure set out in the ICA, in respect of arrest and surrender of persons to the ICC, was fundamentally flawed and invalid under the country’s Constitution.

 He added that the Cabinet Secretary in charge of Interior and National Co-ordination, and the Attorney General (AG) had not given Barasa written reasons why they had invoked the ICA Part 4 as required by the Constitution.

 Barasa wants the Interior Secretary, the AG, Director of Public Prosecutions and Inspector General of Police enjoined in the suit to ensure that he is tried before a competent court in the country for the alleged administration of justice accusations by the ICC. 

Barasa is also asking the court to block his arrest and surrender to the ICC in view of the existing exceptional circumstances that makes it unjust and oppressive.