Extradition illegal, Barasa tells court

Journalist Walter Barasa has accused the government of trying to hand him over to the International Criminal Court without following the law.

Mr Barasa argued that the Interior Cabinet Secretary, the Attorney-General and the Director of Public Prosecution contravened the law when they called for his arrest on accusations of interfering with the administration of justice before the High Court.

Unconstitutional

Through lawyer Kibe Mungai, Mr Barasa put up a spirited fight before Mr Justice Richard Mwongo to quash the ICC arrest warrant, arguing that the laws relied upon by the minister and the AG were unconstitutional and a violation of his rights to fair trial.

“There must have been some inquiry made to ascertain if there is credible evidence to warrant extraditing him. This was not done and the minister acted as if he was just a conduit for the ICC,” Mr Mungai argued.

The DPP, the lawyer further said, should have investigated the circumstances under which the ICC issued the arrest warrant against Mr Barasa before any action could be taken.

“The DPP should have determined the exceptional circumstances in this case including allegations of oppression and injustice before the ICC. Allowing Mr Barasa to be tried at the Hague will be a direct violation of the Constitution,” he said.

He accused the State of withholding information relating to Mr Barasa’s extradition, claiming that the journalist did not know why he is wanted by the ICC.

In any event, Mr Mungai submitted that the ICC is not a court established under the Constitution and that if Mr Barasa committed any offence, then he should be tried in Kenya.

Support from Omtata

“Article 50 entitles a person to a public trial before a court established under the Constitution. The ICC is only a creation of the Rome Statute and it has no jurisdiction to try a Kenyan citizen unless the Constitution is amended to include it as a Kenyan court,” Mr Mungai said.

Mr Barasa got support from activist Okiya Omtata, who told the court that for Mr Barasa’s extradition request to be legitimate, it must be subject to existing Kenyan laws.

“Our quarrel is not with the ICC, but the attempt to smuggle it into our system,” said Mr Omtata, who was enjoined in the case as an interested party.

Mr Barasa is wanted at the ICC to face charges of interfering with witnesses .

The case will be heard on December 11.