Arrest warrant out for journalist over ICC cases

What you need to know:

  • Mr Walter Osapiri Barasa is alleged to have promised to give the witnesses more than Sh2.9 million cumulatively
  • If found guilty, the journalist could be jailed for five years

The International Criminal Court has issued an arrest warrant against a journalist it accuses of tampering with witnesses.

Mr Walter Osapiri Barasa, an Eldoret-based journalist, is accused of seeking to influence three prosecution witnesses, including Witness 536 who is currently testifying against Deputy President William Ruto at The Hague.

Mr Barasa is alleged to have promised to give the witnesses more than Sh2.9 million cumulatively.

Mr Barasa claims on his LinkedIn profile that he works with Mediamax Ltd but the company distanced itself from the claim, saying he was a former correspondent with The People Daily but was stopped from contributing over a year ago.

Prosecutor Fatou Bensouda delivered the warrant to the government on Wednesday and requested it to arrest Mr Barasa and hand him over to the court to face three charges.

“He will appear before ICC judges on charges of corruptly influencing and attempting to corruptly influence a person believed to be a prosecution witness,” Ms Bensouda said.

If found guilty, the journalist could be jailed for five years. However, Mr Barasa protested against the warrant issued by Pre-Trial Chamber Judge Cuno Tarfusser and promised to prove his innocence.

“I am consulting my lawyers before issuing a comprehensive statement,” Mr Barasa told the Daily Nation.

He will be represented by Mr Nick Kaufman, a counsel at the ICC.

Mr Kaufman was a prosecutor at the ICC’s tribunal for the former Yugoslavia and the Special Court for Sierra Leone.

The government has received the arrest warrant and will be guided by the provisions of the International Crimes Act to arrest and surrender the journalist to The Hague as required of a State Party to the Rome Statute.

The withdrawal of witnesses for the cases facing Mr Ruto and President Uhuru Kenyatta at The Hague had been the subject of heated arguments in the court. While the prosecution has argued that most of its witness — and potential witnesses — have pulled out of the cases due to bribery and intimidation, defence teams have countered that the prosecution had placed its faith in coached or unreliable witnesses.

CLOSED SESSIONS

Witness 536 has been testifying in closed sessions after expressing fears that her identity had been revealed and her family threatened. After the witness protested, trial Chamber judges Chile Eboe-Osuji, Robert Fremr and Olga Carbuccia issued a warning against anybody found to have attempted to intimidate or reveal the identity of the witness with dire consequences.

On Wednesday, Ms Bensouda warned: “The issuance of an arrest warrant in this case should be a warning to others who may be involved in obstructing the course of justice through intimidating, harassing, bribing or attempting to bribe ICC witnesses.”

Mr Barasa is reported to have assisted ICC investigators track down witnesses on atrocities committed in Eldoret during the 2007/8 post-election violence.

Now he is accused of trying to influence witnesses 536, 336 and 256.

Mr Barasa was also accused of working in cahoots with “a circle of officials within the Kenyan administration” in furtherance of the criminal scheme. Even though attorney-general Githu Muigai said the government would cooperate with the ICC over the arrest warrant, the International Crimes Act sets an elaborate process to be followed before Mr Barasa is surrendered to The Hague.

The AG, who is the first destination of the arrest warrants, will be required to move to the High Court to seek a local arrest warrant for the government to take custody of Mr Barasa. This means that the journalist will get an opportunity to oppose his arrest.

The High Court can either grant the arrest warrant or decline the request by the AG.

Reported by BERNARD NAMUNANE and WALTER MENYA.