ICC terminates proceedings against lawyer Paul Gicheru

In a notice by the court on Friday, ICC announced the decision stating that the court lacked jurisdiction to pursue the case against a dead person. 

“Today, 14 October 2022, Trial Chamber III of the International Criminal Court (ICC) terminated proceedings against former Kenyan lawyer Paul Gicheru following the confirmation of his passing.,” read a statement by the court.

“According to the ICC legal framework, the Court’s jurisdiction cannot be exercised over a deceased person.”

ICC further noted that the Kenyan government informed the court of the death of Gicheru on Thursday motivating its decision to drop the case.

“On 13 October 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.

Before his death, the lawyer was facing a trial in a Netherlands-based court involving interference of witnesses in the 2007-2008 post-election violence.

His trial file opened on February 15, 2022, with eight witnesses testifying against him. He pleaded not guilty to charges and the Trial Chamber III was currently deliberating on its final decision before he passed on.

Gicheru succumbed on September 26 this year at his Karen home in Nairobi.

An inquest file into his death is still underway but the family and his Lawyer Dr John Khaminwa have ruled out any possibility of poisoning.

“Investigators have ruled out poison, we wait now for an inquest to hear what will be said. There are other tests to be carried out but the poison has been ruled out,” Dr Khaminwa told Citizen Digital on October 10.