On February 1, 2021, International Criminal Court (ICC) released deceased lawyer Paul Gicheru allowing him to travel back to the country, days after he surrendered to authorities in the Netherlands.

The late Gicheru, who died at his Karen home on Monday, September 26, was released on the condition that he would allow the court to track his movements and also assure it that he would not skip court.

To ensure Gicheru complied, ICC explained that his assets presented to the court would be seized and an arrest warrant issued in case of contempt of court. 

Lawyer Paul Gicheru at the International Criminal Court (ICC) in The Hague, The Netherlands  FILE

The Ten Conditions

ICC asked Gicheru to provide financial security to the court's registrar in the form of cash or bank order to the value of Ksh1,000,000. 

He was also barred from making any statements either through social media or to the mainstream media regarding the case's merits.

ICC further asked him to provide the court registrar with copies of all passports, visas, identity documents, and any other travel documents issued to him

"Shall not travel internationally except to the extent permitted by the Chamber and shall inform the Registrar or his delegate, no later than seven days prior to any international travel," ICC statement read in part.

Gicheru was required to as well provide all his mobile and telephone numbers. The court asked him to remain reachable at all times and always load his phone with sufficient credit.

"Shall report once a week to the Registrar, his delegate, or other person(s) on the date and time and in the manner to be determined by the Registrar, which may include the use of video conferencing technology," ICC directed Gicheru.

"Shall comply fully with all orders issued in this case and surrender himself immediately to the relevant authorities if required by the Chamber," the Netherlands-based court added 

The court also directed Gicheru to provide a physical location where he could be accessed by the court and other officers as assigned.

Gicheru could have lost his freedom if he skipped any court proceedings according to the conditions set for him.

To avoid any interference in the case's progress, ICC barred him from contacting any of the prosecutor's witnesses or victims.

Paul Gicheru when he appeared before the ICC via video-link from the ICC Detention Centre on November 6, 2020

THE STANDARD

The court issued an arrest warrant against the deceased and Philip Kipkoech Bett on 10 March 2015 for reportedly corruptly influencing witnesses testifying at the ICC.  

He surrendered in 2020, allowing the case to kick off. On 15 February 2022, he pleaded not guilty to all charges, with eight witnesses taking the stand.

The closing statements in his case were made on June 27, 2022. Before his demise, the court was deliberating on the proceedings before pronouncing its decision.  By Geoffrey Luta, Kenyans.co.ke