Mwongo to determine whether to extradite Barasa

By Isaiah Lucheli

NAIROBI, KENYA: Principal High Court Judge Richard Mwongo will determine next week whether to extradite journalist Walter Barasa to the International Criminal Court (ICC).

This follows a move by High Court Judge George Odunga to refer the matter back to the principal judge who is also expected to determine if he would allow Barasa’s application to block his arrest and surrender to the ICC.

Interior and National Co-ordination Cabinet Secretary Joseph ole Lenku has already forwarded the ICC request to Chief Justice Willy Mutunga and Justice Mwongo has been appointed to handle the matter. Mwongo is expected to handle the two applications — one by Barasa seeking to block his arrest and surrender — and the other is ICC’s request that Ole Lenku handed to the CJ.

The judge will come up with the determination whether there are justifiable grounds to necessitate the arrest Barasa and extradite him the criminal court.

Corrupt influence

The ICC through the Office of the Prosecutor has accused Barasa of corruptly influencing the withdrawal of three prosecution witnesses in the case against Deputy President William Ruto and Radio Journalist Joshua arap Sang.

In his ruling yesterday, Odunga explained that there was no need to duplicate issues in the Barasa case since the other matter was before Justice Mwongo. “All Judges are expected to exercise their judicial authority independently without fear or favour. There existed no exceptional circumstances to have Barasa’s petition referred to the Chief Justice since the enforcement of fundamental rights and freedoms is the preserve of High Court Judges,” the judge ruled.

The Director of Public Prosecution (DPP) had sought to have the petition filed by Barasa and the extradition application by ICC heard by the same judge.

The DPP had submitted that Barasa was within his constitutional right to file the application challenging the admissibility of the issues that had been leveled against him by the ICC.

However Barasa’s lawyer Kibe Mungai opposed the intended consolidation of the cases and told Justice George Odunga that his client had raised serious issues over actions that have been taken against him, which offended the law.

Mungai argued that the procedure that has been sanctioned by the Interior Cabinet Secretary to process the warrant of arrest pursuant to the request by the ICC should be halted in order to have the trial done in Kenya and address the constitutionality of the process.

The counsel submitted that it was an illegality for the Interior Cabinet Secretary to commence proceedings under International Crimes Acts (ICA) before notifying and furnishing Barasa with the information and evidence upon which the ICC issued his arrest warrant.

Mungai submitted that Barasa should be furnished with a copy of the arrest warrant issued by the ICC and documents supporting the warrant and noted that the ICC wanted to have him arrested post-haste in total disregard of the ICA.

Residents of Eldoret welcomed with jubilations the Supreme Court’s decision that upheld Uhuru’s election.

The residents, who were following the ruling keenly in various eateries and drinking joints, took to the streets with song and dance immediately the verdict was announced.