The International Criminal Court (ICC) has made demands for the Kenyan government to be part of Lawyer Evans Gicheru’s case, currently before the Hague based court. According to Judge Alapini-Gansou, Kenya has a duty as a State Party to the Rome Statute, to cooperate fully with the ICC in accordance with article 86 of the Statute.
The court has also made demands to the regime in Nairobi to ”enforce one or more conditions restricting liberty the Chamber could potentially impose.” The judges have given a number of conditions one of which includes the requirement that Mr. Gicheru will not be allowed to travel outside Kenya without the permission of the Chamber, and that he must not associate with some individuals or step in some places as specified by the court’s Pre-Trial Chamber.
The other condition the ICC expects the Kenyan government to help enforce is that the lawyer must not contact directly or indirectly victims or witnesses. He must not engage in certain professional activities and that he must reside at a particular address as specified by the Pre-Trial Chamber. This is in regards to his own security and that of his family.
The lawyer must also respond when summoned by an authority or a qualified person designated by the Pre-Trial Chamber.
Mr. Gicheru surrendered to the ICC on November 2, 2020, following his indictment for alleged witness tampering in the case against Deputy President William Ruto.
“I wish to confirm to this court that I surrendered myself first to the Dutch authorities, then to the court. This surrender was without coercion or urging from anybody. I did it on my own volition and at my cost,” he said.