DPP supports Barasa's extradition case

Director of Public Prosecution has supported the extradition case against ex-journalist Walter Barasa, who is being sought by International Criminal Court (ICC).

DPP in response to the suit filed by Mr Barasa in High Court challenging the process, said there are no rights that have been infringed in forwarding the extradition request to Judiciary.

DPP further rejected the proposal by Mr Barasa to be allowed to face the charges levelled against him by ICC in a Kenyan Court instead of being handed over to Hague based Court.

Mr Barasa is wanted by The Hague-based court for allegedly trying to bribe three Prosecution witnesses in the case against Deputy President William Ruto.

But he moved to High Court accusing Interior Secretary Joseph ole Lenku of forwarding the ICC warrant to the Judiciary for implementation without furnishing him with the specifics of the order.

Mr Barasa listed DPP, Inspector General of Police, Attorney general and Mr Lenku has the respondents to the suit.

“There is neither any complaint, investigations nor prosecutions currently underway in Kenya against the petitioner for the offences against him,” said Victor Mule Assistant DPP in a replying affidavit.

Mr Mule added that there offences facing the journalist is within the ICC jurisdiction.

Mr Barasa is seeking to stop the process of him being handed over to the ICC since his rights and freedoms guaranteed in the Constitution will be violated.

DPP further said under International Criminal Act, during the proceedings of eligibility for surrender of an accused person, the accused person is not entitled to produce any evidence to contradict the charges.

Mr Mule further said High Court is not also entitled to receive any evidence that contradicts the charges against Mr Barasa.

He further dismissed Mr Barasa’s query that he was not served with the allegation against him before the same being forwarded to Judiciary.

Mr Mule clarified that Mr Barasa is still free person and he is entitled to access the allegation once he is presented before the court at the commencement of the extradition proceedings, just like any other accused person.