Court to decide how to handle Walter Barasa case

The fate of journalist Walter Barasa hangs in the balance over an arrest warrant issued by the International Criminal Court.

Whereas Mr Barasa wants his petition challenging the warrant heard separately, the Attorney-General and the Director of Public Prosecutions have asked the court to hear it together with a request for his arrest presented to High Court Principal Judge Justice Richard Mwongo.

In addition, Justice Mwongo said he was not sure whether the court had been formally moved to begin the extradition proceedings through a request letter written to him by Interior Cabinet Secretary Joseph Ole Lenku.

“The court cannot be moved by a letter without a file and supporting documents. There is need for the government to make a formal application with all supporting documents before we begin,” he said.

The prosecutor, through his deputy Kioko Kamula, submitted that the letter submitted by the minister was sufficient for the proceedings.

Mr Barasa, through lawyer Kibe Mungai, submitted that the minister’s request affected his rights hence his petition should be determined separately.

“Even if the AG or the DPP were to recall the file to make a formal application for Mr Barasa’s arrest, our position remains the same that there are serious constitutional violations, which must be determined,” Mr Mungai said.

He maintained that the allegations of interfering with International Criminal Courtwitnesses levelled against Mr Barasa can be tried in Kenya, hence the journalist’s objections should he heard first.

State counsel Stella Munyi submitted that Mr Barasa can raise his reservations during the extradition hearings and that his petition challenging the arrest warrant was premature.

Justice Mwongo will rule on Friday on how the cases should proceed.