Tobiko backs Barasa extradition

Director of Public Prosecution Keriako Tobiko has opposed journalist Walter Barasa’s bid to stop his extradition to the International Criminal Court.
The DPP through his assistant Victor Mule dismissed Mr Barasa’s claims that the ICC is targeting him for refusing to cooperate with them, saying, none of his rights had been violated and he will have his day before the ICC judges to defend himself.

Unprocedural tactics

“Contrary to what he has alleged, Mr Barasa has not demonstrated what prejudice he will suffer if tried at the ICC for offences against the administration of justice.

“His claims that the ICC will engage in illegal and unprocedural tactics to secure his conviction has no legal reasoning,” Mr Mule said.

Mr Barasa is wanted by the ICC over allegations of interfering with witness number 536 by offering to pay her and her husband Sh1.4 million if she agreed to withdraw in the crimes against humanity charges facing Deputy President William Ruto and radio journalist Joshua Sang.

He termed Mr Barasa’s contention that the offences he is accused of can be tried in Kenya as baseless and unfounded, arguing that there is no complainant in Kenya since no complaint or investigations had been filed against him.

“The plea for exceptional circumstances is premature as the proper forum will be for the judge handling the ICC request to make a decision.

The minister and the Attorney-General has no obligation to stop making a request for extradition whether there are exceptional circumstances,” Mr Mule said.

The assistant DPP also described Parliament’s move to withdraw Kenya from the ICC Treaty as inconsequential, saying, the country will have to meet its obligations to the treaty on decisions made before its exit.

He accused Mr Barasa of putting the cart before the horse by demanding documents supplied by ICC to support the request for his arrest, arguing that it will set a bad precedent since it will make any person under investigation to demand documents even before proceedings begin.

Mother’s death

He defended the move to forward the request for Mr Barasa’s arrest to High Court principal judge adding that the journalist’s contention that the court cannot order his handing over to the ICC as misconceived.

Mr Mule also dismissed affidavits by three former ICC witnesses.

“The claims that there cannot be justice for Africans at the ICC are devoid of merit and substance,” he added.

The hearing of his petition was adjourned to December 4 following his request to be given time to mourn his mother who died on November 4.