Mystery Over Lawyer Paul Gicheru’s Death

NAIROBI, Kenya, Sept, 27 – Lawyer Paul Gicheru is dead.

According to preliminary reports, his death was announced by his family with police later saying he died at around 7 pm on Monday evening at his Karen residence.

Police further said that the deceased had a meal, went to sleep and did not wake up. Attempts by family members to check whether he was conscious proved futile as he was unresponsive despite their best efforts.

His son who also fell ill shortly after was also rushed to hospital and is said t be in stable condition.

The body of the deceased has since been moved to the Lee funeral home amid a postmortem examination.

The cause of his death is yet to be established.

The family is expected to address the Press Tuesday amid lingering questions about his death.

ICC V Gicheru

The arrest warrant against Mr Gicheru and Philip Kipkoech Bett was issued under seal on 10 March 2015 and unsealed on 10 September 2015 for offences against the administration of justice consisting of corruptly influencing witnesses of the Court. On 2 November 2020, Mr Gicheru surrendered himself to the authorities of The Netherlands and was surrendered to ICC custody on 3 November 2020.

His first appearance before the ICC took place on 6 November 2020. On 11 December 2020, Pre-Trial Chamber A severed the cases against Mr Gicheru and Philip Kipkoech Bett. The confirmation of charges procedure was conducted in writing.

On July,15, 2021, Pre-Trial Chamber A (Article 70) of the International Criminal Court (“ICC” or the “Court”) confirmed the charges of offences against the administration of justice against Paul Gicheru and committed him to trial.

Pre-Trial Chamber A, composed of Judge Reine Adélaïde Sophie Alapini-Gansou, based its decision on the evidence and submissions presented by the Prosecutor and the Defence.

The Chamber found that there are substantial grounds to believe that Mr Gicheru committed, as a co-perpetrator, or under alternative modes of liability, offences against the administration of justice (article 70(1)(c) of the Rome Statute) between April 2013 and the closure of the Ruto and Sang case on 10 September 2015, in Kenya.

The offences were allegedly committed in the furtherance of a common plan implemented by a group of persons including Mr Gicheru, with the ultimate goal of undermining the Prosecution’s case in the Ruto and Sang case. 

Specifically, with relation to eight witnesses, Mr Gicheru and other members of the common plan allegedly identified, located, and contacted the witnesses, offered and/or payed them financial or other benefits, and/or threatened or intimidated them, in order to induce them to withdraw as Prosecution witnesses, refuse to or cease cooperating with the Prosecution and/or the Court, and/or to recant the evidence which they had provided to the Prosecution.

The decision on the confirmation of the charges the court said served to determine whether the Prosecutor’s case should proceed to trial. It does not establish the guilt of the accused person, who is presumed innocent until proven guilty beyond reasonable doubt by a trial chamber of the Court.

In cases concerning offences against the administration of justice (Article 70 of the Statute), pursuant to Rule 165(2) of the Rules of Procedure and Evidence parties do not have the possibility to appeal a decision on the confirmation of the charges under Article 82(1)(d) of the Statute.

The trial in the case The Prosecutor v. Paul Gicheru has entered its final stages following closing statements that took place before Trial Chamber III of the International Criminal Court (“ICC” or “Court”) on 27 June 2022. The Office of the Prosecutor and the Defence for Mr Gicheru presented their final arguments before Judge Miatta Maria Samba of ICC Trial Chamber III.

Trial Chamber III will deliberate on the proceedings and, within a reasonable period, pronounce its decision on conviction or acquittal pursuant to article 74 of the Rome Statute. The Chamber bases its decision only on the applicable law and on evidence submitted and discussed before it at the trial.

The trial in this case opened on 15 February 2022 before Trial Chamber III for alleged offences against the administration of justice consisting in corruptly influencing witnesses regarding cases from the situation in Kenya. The accused plead not-guilty to the all charges. 8 witnesses have testified for the prosecution, the last one finished testifying on 24 March 2022. 

The Office of the Prosecutor completed its presentation of evidence on 29 March 2022. The Defence announced on 25 April 2022 that it will not call any witnesses.

Additional reporting/contribution by the ICC.