ICC drops late Paul Gicheru's case

According to the International court legal framework, Court’s jurisdiction cannot be exercised over a deceased person.

PHOTO: Paul Gicheru at the opening of his trial at the ICC on 15 February 2022 ©ICC-CPI

The International Criminal Court (ICC) based in the Netherlands has dropped the case of lawyer Paul Guicheru who died on September 26 under unknown circumstances.

In a statement released by the court on Friday, October 14, ICC stated that the decision was arrived at following the confirmation of the death of the lawyer.

"Trial Chamber III of the International Criminal Court (ICC) terminated proceedings against former Kenyan lawyer Paul Gicheru following the confirmation of his passing. According to the ICC legal framework, the Court’s jurisdiction cannot be exercised over a deceased person," read part of the statement.

The court confirmed that it had received official communication from the government of Kenya confirming the death of the lawyer.

"On October 13, 2022, the ICC Registry filed an official communication from the Republic of Kenya in which it confirms the death of the accused. The Chamber considers this sufficient proof to establish the death of the accused," ICC stated.

The deceased was accused of offenses against the administration of justice consisting in corruptly tampering with witnesses regarding cases from the situation in Kenya.

His trial opened on 15 February 2022 and the accused pleaded not guilty to all charges. 8 witnesses testified for the prosecution and the Office of the Prosecutor completed its presentation of evidence on 29 March 2022.

The defense team announced on 25 April 2022 that it would not call any witnesses. The closing statements took place on 27 June 2022 and Trial Chamber III was currently deliberating on its decision on conviction or acquittal.

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