ICC- issues arrest warrant for Walter Barasa

Walter Barasa

ICC-CPI-20131002-PR948

Situation: The Republic of Kenya
Case: The Prosecutor v. Walter Osapiri Barasa

Today, 2 October 2013, Pre-Trial Chamber II of the International Criminal Court (ICC) unsealed an arrest warrant against Walter Osapiri Barasa, Kenyan citizen, born in 1972. He is charged with several offences against the administration of justice including corruptly influencing or attempting to corruptly influence ICC witnesses. An under seal warrant of arrest was issued against him on 2 August 2013. This is the first case before the ICC where a suspect is charged with an offence against the administration of justice, in accordance with article 70 of the Rome Statute.

Judge Cuno Tarfusser, Single Judge of Pre-Trial Chamber II, considered that the evidence presented by the Prosecutor established reasonable grounds to believe that Walter Barasa is criminally responsible as direct perpetrator for the crime of corruptly influencing or, alternatively, attempting to corruptly influence witnesses by offering to pay them to withdraw as ICC Prosecution witnesses in the context of the Kenyan cases before the ICC. Allegedly, he has been and is still acting in furtherance of a criminal scheme devised by a circle of officials within the Kenyan administration.

Based on the Prosecutor’s evidence, Judge Tarfusser also found that it is necessary to arrest Walter Osapiri Barasa to ensure his appearance at trial, to ensure that he does not obstruct or endanger the investigation or the proceedings, and to prevent him from continuing with the commission of the crime.

The International Criminal Court is an independent, permanent court that tries persons accused of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression.

http://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/pr948.aspx
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The prosecutor accuses Mr Barasa, a journalist based in Eldoret, of attempting to bribe three witnesses including witness 536.

Witness 536 is the survivor of the Kiambaa church arson attack and is presently testifying in the case facing Mr Ruto and former radio presenter Joshua arap Sang at The Hague.

She is giving her testimony in private sessions after attempts to expose her identity and intimidate her family.

Ms Bensouda says Mr Barasa offered “to pay her and her husband a total of one million four hundred thousand Kenyan Shillings (KES 1,400,000) in order to influence her to withdraw as a Prosecution witness, committed during the period 20 May to 25 July 2013 and at or near Kampala, Uganda”.

He also attempted to corruptly influence witnesses 256 and 336, Ms Bensouda charges.

Ms Bensouda said it was her expectation that Kenya would arrest and hand over Mr Barasa for prosecution.

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Journalist, Trainer of Trainers

Mediamax Group, Media Centre for Development

Currently holds this position

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Bold Nation Media Group LLC

Public Company; 1-10 employees; Marketing and Advertising industry

April 1995December 2001 (6 years 9 months)

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23 comments on “ICC- issues arrest warrant for Walter Barasa

  1. STATEMENT BY WALTER BARASA

    My full names are Walter #Barasa. I am a journalist. I joined the journalism profession in 1985 after finishing my diploma course. I have worked as a journalist for 18 years most of it with the Nation newspaper and then the People Daily.
    Between 1st and 5th December 2012 I was called by somebody who introduced himself to me as an International Criminal Court (#ICC) investigator. He introduced himself as Paul Irani. He informed me that he had been given my name and phone number by somebody who was known to me. He further informed me that he was an ICC investigator and wanted to meet him in Nairobi. He told me to hire a taxi from Eldoret to Nairobi and that he would pay for the taxi once I arrived in Nairobi because the matter he wanted us to discuss was urgent.

    He paid Ksh 30,000 to the taxi owner upon arrival in Nairobi. We met at the #Westgate Mall in Westlands. He was with another investigator called Ule. I introduced myself. He told me that he wanted me to help them in connection with lady in Kiambaa and that she was a witness in a case which was earlier conducted in Nakuru. He told me I was a good man and that I should get the lady to confirm what she had told him on phone because he could not travel to Eldoret which he was told was hostile.

    He bought a cellphone for me with an Airtel line to take to the lady. I went and met the lady who confirmed that she had talked with Paul Irani. I later confirmed to Irani that I had met the lady. He requested me to get the lady a temporary passport to enable her go to Uganda for interrogation and statement recording. When the lady came back she told me that she had been a worker at a certain politicians home and that the investigators had told her to say that she was a cook and that she seen planning meetings being held at the politicians home and had cooked for youths and served them with food as they planned to attack the Kiambaa church.

    I asked her whether that was actually true but she told me that it was not true because during the time she was employed by the politician she was actually working as a casual labourer planting tree seedlings and sometimes used to harvest maize. She also told me that she had left that employment five years before but that she had been forced to say that she was cooking and serving food during the period the violence occurred. I encouraged her to confirm to whether she was ready to defend that position. I asked her how as a Kikuyu she could be allowed to get into a planning meeting and cook and serve food to people who were going to kill her relatives. She told me that she had been told to say that so that the case would be strong.

    I warned her that she faced the risk of prosecution if it turned out that she was lying. We ended our conversation and she told me that Paul had sent her to tell me to get her a passport. The investigators sent her a total of Ksh 45,500 and a sum of Ksh 6,000 for facilitation making a total of Ksh 51,500 which the lady (536) withdrew and gave me.

    We got the passports and she and her family crossed over to Uganda.

    We cut off communication for some time until I received a call from the lady using a Ugandan number. She told me that her children were not going to school and that life had become very difficult contrary to what she was promised and her husband was very bitter and wanted them to come back to the country. She told me she did not want to continue with the case and wanted to come back.

    I later met Paul Irani at Topelli restaurant near Nairobi hospital and informed him about the ladies complaints and warned him that the lady had threatened to abandon the cause. He promised to address the issue.

    The lady stopped calling me for some time until a time when she called me on a Burundian number. That is when I learnt that she had been moved to Burundi. She was still complaining of poor treatment. She insisted that since I was the one she knew I should assist her get out of Burundi because she did not have money to get her back in the country.

    Communication between us went off again and then a week later she called me from a phone whose code was +423 which is the code for DR Congo with the same complaint. She repeated the same thing that she was fed up and wanted me to assist her and her family back. I told her I did not have money but if I get money I could assist her but in the event that I could not manage she had a right to protest, disclose the truth and ask whoever was in charge to return her into the country. The calls were so many but when I refused to pick she wrote me numerous text messages which I wish to give you where she was stating the same thing. I wish to read you some of the messages.

    During the course of my acquaintance with Paul Irani I started developing great doubts on the competence of the Office of the Prosecutors (OTP) investigations. I met the investigators severally at various meetings and raised some of these issues-

    i) At one meeting I challenged Paul and one Silvano from Burkina Faso if they would be able to succeed in establishing the truth when they were carrying out armchair investigations in a hotel on the basis of information from people who were known gold diggers roaming the streets of Eldoret after he showed me a list of the names he had lined up as his sources of information and investigation.

    ii) I also reminded him that witness #536 had confided in me she was not in the employment of the politician she was alleging she was working for at the time and she had not been a cook. I told him that the same case had been dismissed by the court in Nakuru. He dismissed my concerns and told me to leave him alone.

    He tried sending me to find other individuals whose names he gave me. I contacted some of them. I met some of them but I told him that those people were unreliable. He flew back sometime in February or March this year then on 13th September this year he contacted me on phone and via email asking me to meet him urgently because my life was in danger and he wanted me to leave the country immediately.

    He suggested that he meets me at The Hague, Uganda or Nairobi as the last option. I agreed to go to Nairobi on 15th September 2013 for the meeting. The email he wrote to me is attached and I wish to read parts of it. I met him with another white man at Topelli restaurant. I expected a cordial meeting but when I arrived at the meeting Paul Irani ordered me to dismantle all my phones. I accepted to do so after quarrelling for over 10 minutes. Immediately he told me that he had two options for me:-

    i) He told me that he knew that I had been working with the Deputy President to coerce and compromise witnesses and that I should cooperate with him and the prosecution and accept to implicate the Deputy President after which we would fly out of the country with him that night because my life was in danger.

    ii) Alternatively he was going to engineer and have a warrant of arrest be issued against me and that I could be jailed for five years. But that as a friend he did not want to be jailed and that the best option was for me to implicate the Deputy President.

    I was greatly infuriated by these suggestions. I told him that I did not remember the last time I met William Ruto and I told him if I ever met and spoke with Ruto it was way back in 2007 but from then and up to the time I was meeting him I had not met him but he retorted that I had met him after he came from Japan. I told him that those were lies, I could not accept those lies and that he should go ahead and cause the warrants to be issued.

    I told him that I was ready to stand in any court to refute those lies. He told me that I was becoming difficult and he was going to arrest me right away. I told him to dare arrest me. I rose from my chair picked my bag and went to the washrooms but when I came out the two called me back. I was extremely fearful and in order to get away from them, I told them that I would get back to them. They gave me Ksh 7,200 for accommodation and transport. They suggested that after I had considered he options I should escape with them to Uganda.

    I never contacted them again.

    I have now heard rumours, which the prosecution should confirm or deny that a warrant of arrest has been issued against me over an alleged interference/ prevention of witness number 536 from attending court.

    Am ready and prepared to defend myself against these allegations, which are false.

    I have special knowledge of all the investigators machinations relating to the recruitment of this witness 536 and others and I will not be blackmailed to tell lies.

    I am aware of the activities of the investigators and what they are doing now and have done in the past. I respect the court, I respect the rights of the accused persons to a fair hearing, and the victims right to get justice but I do not accept coercion and unorthodox means of implicating accused persons and conducting investigations to attain an unjust end.

    I wish to inform you that the conversation of 15th September 2013 was recorded by Irani and I challenge him to produce the entire unedited clip to the court and all concerned.

    I also recorded parts of the proceedings which I am ready to produce to prove what I am saying.

    I have already instructed my advocate Mr Nick Kaufmann to appear for me and bring the above matters to the attention of the court. I attach here to a letter from my advocate.

    Thank you.

    Yours faithfully

    Walter Barasa.

    • had seen that statement earlier

      so just starting to ask myself a few questions

      qtn1
      so this guy is born in 72 and gets a diploma in 1985 (age 13) genius of sorts

      but wait no that must be a typo after all he did work for Mediamax owned by the kenyatta (serial typo-ists) family (who BTW are quick to point out that he no longer works there),

      qtn2 – is it coincidence. madness or sheer idiocy that this guy who worked for kenyatta was approached during his employment at Mediamax to assist victims of PEV when it was clear that his boss who is a suspect was at teh time traversing kenya in prayer rallies with his co accused now deputy? how low is the IQ of the ICC investigator

      qtn 3 – the ICC is so desperate as to just approach this relatively unknown fellow and entrust him with full detail of victims in protective custody. yeah right!

      qtn 4 – the ICC is apparently some kind of cash cow with money just being dished out left and right with absolutely no accountability. impressive

      i really hope this guy goes to the hague to defend himself, i’d like to see how this pans out, whether he will be roasted slow or if he does a coup on the ICC and demonstrates how lousy they are. some curtain raiser would be good

    • Phil,
      This letter sounds really funny to me.
      TNK has already asked a few questions but I have a few more.

      Q1 How does he know how ALL the ICC investigators work if he was not deeply involved?
      Q2 Why did the investigator call nobody else but Barasa?
      Q3 If he felt intimidated, why did he not report to Kenya police/ICC?
      Q4 Why did he not mention working for Uhuru (Mediamax) in the above letter?
      Q5 Why did he jump into a taxi to meet a stranger in Nairobi?
      Q6 Why did he continue meeting the investigator even after threats/intimidation
      Q7 Why was he eager to mix in witnesses 536 business? Could he not just say, talk to those who sent you to Uganda, Burundi, Congo etc
      Q8 Why was he getting witness 536 a passport even though he had doubts about the investigators intentions.
      Q9 Is the ICC stupid to just name him without having its facts right?
      Q10 Could it be that Barasa is talking to Ruto and co more than the ICC with the little letter above?
      Q11 If Barasa is innocent, why is he trying the case in the media?
      Q12 He was shown a list and he recognized all names, claiming they were gold diggers. How could he know all people in the list?

      It does not look good for Barasa. Perhaps, AG Githu Muigai will help him by denying ICC the jurisdiction. I have heard noises in that direction. Fear is setting in.

    • `
      This is not only a telling sign to William Ruto of what awaits him in the prosecution corner, but also a warning shot to the Kenyatta defense which has been on steroids regarding witness bribery, intimidation and assassinations.

      It was pretty obvious that Article 70 on witness tampering was going to be the Achilles heel on the duo’s cases. It was just a matter of time before the widespread networks got unveiled. Expect more sealed arrest warrants folks!

      This particular warrant for Barasa was only made public because a third party state (neighboring country) where Barasa had been busy tracking other witnesses leaked the information (of an earlier issued sealed warrant) to Kenyan authorities.

      Githu Muigai may play delay tactics in the handing over of Barasa –but it will only be to the detriment of Uhuru and Ruto. Justice Ombija already made a ruling (in the al Bashir case) regarding the steps Kenyan authorities need to take with respect to such ICC warrants.

      Any sign of non-cooperation with ICC will be accurately diagnosed by chamber Judges, and factored in whenever Uhuru and Ruto defense requests of goodwill are made in future.

      In the meantime, witness 536 is still giving her testimony which is quite damning to Ruto. She resisted Barasa’s offer of bribe from Ruto. She is telling it all out in court. Why would Ruto want to bribe her out of giving testimony? That’s the question in the minds of chamber Judges.

      • Job, this witnesses bribery and intimidation thing is going to blow up in people’s faces. According to Bensouda, she has information on government officials in the network of people involved. At some time names will come out.

        Another interesting thing now is that the Nigerian judge has now thoroughly become fed up with Khan and his side will likely not get any more slack. Did you watch yesterday’s session where Khan was told twice to stop talking and sit down.

      • `
        John,

        I’m pretty sure the biggest news on witness tampering will be on Kenyatta’s case. The state is directly involved. Non-cooperation will be tested and the outlook (for the duo) gets bleaker by the day.

        Judge Osuji’s patience has surely worn off over the antics of the busybody Khan. But more telling is Khan’s growing anxiety and impatience. He is seeing his case prospects get worse with time and panic is setting in. His initial fallutin’ over “prosecutorial negligence” has turned out into a nightmare for himself. Bensouda is calculating every of her steps…intermittently throwing bones only when needed…and creating gross panic in government circles.

      • mzee

        not forgeting that this guy’s entry point is in 2012, whereas OTP has been working with the victims since 2008/9. and somehow in 2012, out of the blue and with no background check on his credibility he becomes the contact for victims. and thereafter the conduit for fabricated evidence

        good grief, there are plenty of willing thugs who would gladly do this even for free and many have offered themselves am sure

        imagine that, the OTP on the one hand goes to a slow / painstaking process to redact names of witnesses, victims, events, etc and then taking this same list and giving to the investigators to distribute

        this guy must be smoking something very powerful

    • my advice to Walter Barasa

      you may think and believe that you are in the same playing field as Ruto and Uhuru, but you are not

      you are not at their economic might and certainly not their political might

      sure they and their supporters will entertain you and even goad you as throw jabs at the ICC.

      but you are just as amusement to them and they will try to see how you squirm when the spotlight is on you

      and so the fact is that the day the ICC issued your arrest warrant you become a pawn.

      a pawn to be used by githu and the local .. ahem cough cough …. justice system

      it matters little what your side of the story is

      you will be the guinea pig that these guys will use to test the ICC and by extension the nations that support the ICC

      your best bet is to willingly submit to the ICC and work out modalities.

      the alternative is that you surrender completely to kenyan authorities who will use you as bait, as cowards in war who use human shields, to test the ICC and when it cant work, they will simply turn you over like that. at which point you will be dodging the ICC as well as kenyan authorities.

      if i were you, i’d take my chances with the ICC system.

    • Interesting comments as the AG tries to shield Ruto from really damaging revelations.

      http://www.standardmedia.co.ke/?articleID=2000094964&story_title=icc-bid-to-arrest-barasa-while-on-a-trip-in-august-failed&pageNo=2

      Let us see how the kings of impunity pull this one off, but for sure the Kenyan International Crimes Act does not allow much room to maneuver.
      __________________________________________________________________

      Alex Whiting, a professor of international law at Harvard University in the United States, said the Kenyan Judiciary had a “very limited role” to play.

      “Their main function is to ensure that the person who is arrested is in fact the person sought in the arrest warrant,” Whiting said via e-mail. “They are also permitted to consider the issue of detention, but other than that, there is no other issue to consider.

      “If the Attorney General is suggesting that it goes beyond that, and the suspect has a right to be heard on other matters with respect to the charges or evidence or his responsibility, that is just not right.”

      Whiting said that under Kenya’s legal obligations as a member of the ICC, the Judiciary has no say on the legality or merits of this arrest warrant.

      “They are simply obliged to surrender the person to the ICC,” he said. “The Judiciary has no discretion or judgement about whether the charges should be brought, about the evidence in the case, or anything like that.”

      • AG Githu Muigai is wasting time.
        Perhaps he will use CJ Willy Mutunga as he did early this year. But have a look at this and fix eyes on parag 4

        Article 59
        Arrest proceedings in the custodial State

        1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.

        2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:

        (a) The warrant applies to that person;

        (b) The person has been arrested in accordance with the proper process; and

        (c) The person’s rights have been respected.

        3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.

        4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).

        5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.

        6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.

        7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.

        ——————————————–
        Article 58
        Issuance by the Pre-Trial Chamber of a warrant of arrest
        or a summons to appear

        1. At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that:

        (a) There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and

        (b) The arrest of the person appears necessary:

        (i) To ensure the person’s appearance at trial,

        (ii) To ensure that the person does not obstruct or endanger the investigation or the court proceedings, or

        (iii) Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.

        http://untreaty.un.org/cod/icc/statute/99_corr/5.htm

    • `

      Grapevine has it that the OTP has applied for yet another warrant for Kenyatta’s “director of digital media and the diaspora”.

      This misguided notion that the crooked fella called Dennis Itumbi, based at State House, and armed with government computers, could somehow gag and police the blogosphere (or diaspora) on behalf of Kenyatta, on top of intimidating human rights activists like Maina Kiai, has probably backfired spectacularly. In the meantime, Itumbi has to first explain where his accomplice in hacking emails of ICC witnesses – a Mr. Bogonko – with whom he publishes a propaganda site called “Jackal News” has disappeared to?

      Itumbi coined the demonizing phrase “evil society” to describe the civil society. That is now the pep-phrase for the anti-ICC cheerleaders on the web.

      NGO’s supporting justice for PEV victims must all be “evil” as stipulated by bumbling and myopic idiots like Itumbi. As Kenyatta sought to invest Kenyan taxpayer resources into hiring cyber hackers and internet thugs working on his behalf, he must have forgotten that the ICC’s investigative eyes are keenly illuminating social media and blogs which have been used to expose the identities of ICC witnesses. The ICC trial chamber recently warned against continued attempts to intimidate purported witness and warned that revealing of protected witness identities will automatically lead to prosecution. It appears some people want to test the limits of impunity. They will get it in kind.

      • Job & Adongo, the more I think about the more I am convinced that there will be a government effort to save Barasa. Faced with 5 years in jail, I have no doubt that Barasa will focus on saving himself. I don’t think Ruto can allow that.

        I also see that Barasa’s lawyer is Kaufmann who was Itumbi’s lawyer in a bizarre attempt to get compensation for a Kenyan arrest that was no more than a show. Kaufmann has been doing the round in various international tribunals and courts and so has acquired a reputation that does not match his performance. The end result is that his fees are very high. Looking at Barasa’s professional history, how can he afford a lawyer who charges what Kaufmann does? It doesn’t even look like he’s had a proper job for some time, and those who know him say he has never been a rich man, perhaps excluding recent payments from Ruto.

        I think Bensouda has outsmarted them. Whether or not Barasa is sent to the Hague may not matter as much as that people bribing witnesses or those thinking of taking bribes will now have to think twice. Keep in mind that those bribed witnesses could also be the subject of sealed arrest warrants. Plus it puts the government in a very tough spot.

        The other thing is that Bensouda has mentioned a network of government officials, and we don’t know if there are other sealed warrants. So even before Kenya becomes a pariah state, government officials will have to think twice before travelling to countries that respect the law.

      • Guys,
        There are only two ways the Barasa issue will end. He will be handed over to the ICC or he might be found dead, cause being suicide, road accident, carjacking etc. It’s happened before in Kenya so it should not be a surprise if it does again.
        The ICC based chaps would have loved to save this fella but I don’t think that they are going to risk their freedom for the sake of him. Now that the cards are on the table, it will be everyone for himself. Obviously, they will lie to Barasa that he is in their league and that they will help him out as long as he does not sing like a bird at The Hague. Alternatively, he might take the millions he is being offered by the Hague crew, deny everything in court, be jailed anyways, come out after five years and hope to enjoy his millions. Should he sing like a bird, he won’t get the promised millions, he would go to jail and put the crew in danger of being arrested. Either way he will put The Hague crew in a pickle.
        I’m sure that AG Githu Muigai has thought of a million ways preventing Barasa from going to The Hague.

        I think that the timing of the arrest warrant was a master stroke by Bensouda whom the PEV apologists have tried to demonize and belittle ever since she took over from Ocampo. In my opinion Bensouda is a worse nightmare to our Hague boys than Ocampo was because she understands the mentality of African “big men”. It’s going to take more than just insults through the Kenyan media to stop our president and his deputy from being found responsible for the crimes committed during 2007/8.

        I think that Barasa is in danger and as TNK said, he should be smart and take the Hague way.

      • THIS IS GETTING INTERESTING. I JUST READ THAT THE WARRANT HAS GONE TO THE HIGH COURT. THIS MEANS THAT THE MINISTER IS SATISFIED AS PER THE INTERNATIONAL CRIMES ACT:

        29. (1) If a request for surrender is received, other than a request for provisional arrest referred to in section
        28 (2), the Minister shall, if satisfied that the request is supported by the information and documents required by article 91 of the Rome Statute, notify a Judge of the High Court in writing that it has been made and request that the Judge issue a warrant for the arrest of the person whose surrender is sought.

        THE PART WHERE IT GETS INTERESTING IS THAT THE HIGH COURT DOES NOT HAVE ROOM TO HEAR FROM BARASA OR ANYONE ELSE ON THE MATTER. THE ACT CLEARLY STATES WHAT THE JUDGE HAS TO DO

        30. (1) After receiving a request under section 29, the Judge may issue a warrant in the prescribed form for the arrest of the person if the Judge is satisfied on the basis of information presented to him that—

        (a) the person is or is suspected of being in Kenya or may come to Kenya; and

        (b) there are reasonable grounds to believe that that person is the person to whom the request for surrender from the ICC relates.

        (2) The Judge shall give reasons for the issue or refusal to issue a warrant under subsection (1)

        IN OTHER WORDS, JUST ESTABLISH THAT BARASA IS IN KENYA AND IS THE PERSON NAMED.

      • mzee

        that is my exact same view on the fate of barasa

        but like john dibbley says this is one hot potato

        a) it is sort of a preliminary or litmus test to gauge the so called govt cooperation. githu has been talking and talking and talking, here is opportunity to demonstrate inaction (hehehe pun intended – no typo)

        b) if barasa becomes past tense as wahome mutahi would say, it will confirm to the ICC that there is a deliberate scheme that is wiping out witnesses

        c) if the powerbrokers decide to chance it and hand barasa to the ICC, the ball game changes completely because other than threaten his family, there is nothing further they can do with him and no matter how much cash you are given, when those huge grill metal bars clang shut, its time to make choices. you see how ruto smiles when he takes photo ops, but trust me, every time the doors bang shut, one questions himself whether they will open again.

      • tnk, another place where it gets hot is how the high court handles it, remember that the extradition of Okemo and Gichuru died quietly in the court. I say it is hot because if they do the same thing, then they will be burying the idea (already foolish) of the reformed judiciary can deal with this cases in Kenya.

        We must not put it past the kings of impunity to threaten a high court judge in order to get the ruling they want.

  2. Interesting that the man actually work for the rag tag NMG group which for sometimes has become a propaganda tool for the anti-ICC movement.

  3. mzee i totally agree, this new development as it unfolds will be monumental.

    this guy was obviously working on orders but as is typical of these issues, he will try to present the front that he is acting on his own volition. i hope he does that so that next steps are taken

    this is good

    • Perhaps he will take the fall for William Ruto if he is promised a couple of billions of shillings.

      This will also test the resolve of Kenya and the suspects sitting at the top to apprehend and deliver Mr. Barasa to the ICC.

      Brace yourselves for ICC being called all manner of names. Watch the parliament led by Duale do what it does best.

      I can only say that we must now rock and roll

    • A bunch of things.

      Will the Kenya government arrest and hand over Barasa to be tried for his crimes? The arrest warrant has been issued, what is the government waiting for? The significant development here is that the arrest warrant was unsealed on Oct. 2, 2013. That means it is now a public arrest warrant and Kenya has an obligation to act on it. Before it was a sealed arrest warrant issued on August 2, 2013. It seems to me that the OTP thinks they have the evidence to lock this guy up. Time to act is now. Bring Barasa to The Hague. Everybody has been asking to see who are the people intimidating and compromising witnesses. Time to get that ball rolling in pursuit of justice for Kenyans.

      In fact the Kenyan government should have started the process of handing over Barasa to the ICC as from August 2, 2013 when the sealed Arrest Warrant was issued against him. That warrant must have been handed over to the Kenyan government. They did nothing.

      Instead Barasa has been issuing all sorts of statements in the impunity friendly internet media. Obviously the Kenyan government told him an arrest warrant has been issued against him. The job of the Kenyan government is to arrest this guy. Now is a good time. The Kenyan government has been forced to respond to this inside rot within its body polity because the ICC has now made the Arrest Warrant public by unsealing it.

      Here is the AG Githu Muigai trying to look for loopholes. There is none.

      http://www.capitalfm.co.ke/news/2013/10/kenyan-court-will-decide-barasas-icc-fate-muigai/

      OK Githu wants a court date. He will get it and lose it. Anything more? Nothing! The ICC Trojan horse moves on. Witness 536 whom all these people wanted beat up and dead is already at the ICC as we speak. Good.

      The uhuruto petty worshippers on the internet super market will tell you Barasa is a victim and this is a case against OTP than against criminals working for Uhuru and Ruto. Stupid. Why would the OTP ask for arrest warrants to be unsealed. They are ready to go to court. I think it is because they know the evidence is on their side. The OTP is bringing the battle to the accused. At the ICC court. It is a good thing. And it is ON. Fair enough.

      Secondly, If Ruto is found to have been involved in the scum of buying witnesses, his bail is up for renewal and he could very well face arrest himself. Ruto of course has a mountain of proxies but these things have a way of unravelling. That is why the accused duo are terrified of the ICC. This is not drama and video in Kenya courts.

      Third, we don’t know what witness 536 has to say about this. She was one of the targets to be bought by Ruto through this Barasa fellow. She is already a very powerful witness before the judges. They have seen and heard from her. She is not a number anymore. As I write this she is in court giving evidence. She is a real person and a victim of Kiambaa church terrorism. The internet Al Shabaabs already tried to attack her and expose her identity in defense of their new little gods. May be it is time to go back for more prayers. Some people are going to need it. More oil in the head please.

      How does this impact the case in the next 30 days which are going to be very intense. Karim Khan was already on a Rambo mode demanding that witnesses be charged under Sec 70 of the Rome Statute. He got his wish. His procurement officer to harvest witnesses has now been charged. How is Karim Khan going to cut off Witness 536’s head as a trophy for his client? Things may get very complicated. And god knows, who is the next witness. Ding dang is getting into ding dong.

      And the fallacy. The accused mob and their worshippers keep telling us there is no evidence and the witness are just liars who have been coached. Why are they buying them? Uhuru killed a bunch of the prospective witnesses against him but Mr. Hustler here seems to be operating on a low budget. Why buy “liars”? Who is really lying. We know.

      In general the tide is turning badly against the accused. Westgate is not going to be enough to cut them loose. The court and of course Kenyans are going to listen to the witnesses in the next 30 days for Ruto. It could bury him. Next up is Uhuru. Bring it ON.

      Here is OTP live live: It is ON.

      • Adongo, this hot potato just thrown on the lap of impunity is very timely. The world will see about all that talk of cooperation. More importantly, people involved in corrupting witnesses will now think twice. We don’t even know what other sealed warrants there may be.

  4. Guys, I thought that this issue is so weighty it deserves own thread.
    I have not done any deep analysis but the question is, how will this case affect Rutos case?
    Did Ruto give Barasa the go ahead to interfere with witnesses?
    If so, what happens if Barasa comes forwad and tells the truth?
    Will an arrest warrant be issued against Ruto?
    Do you think that the Kenya government will arrest Barasa or it will be a Kabuga story?
    How long do you think he will live before he finds himself in a fatal robbery, road accident etc.
    I think that this is a game changer for those who thought that the ICC was a joke.

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