The government has turned against lawyer Paul Gicheru who is facing charges for tampering with witnesses at the International Criminal Court ICC.
Attorney General Paul Kihara Kariuki dashed Gicheru's hopes of a conditional release by stating that Kenya would not cooperate with the ICC in the case.
The AG wrote to the presiding judge Reine Adélaïde Sophie Alapini-Gansou stating that the lawyer went against a decision by the High Court dated November 16, 2017.
The court had frozen the ICC’s arrest warrants against the lawyer and his co-accused Phillip Bett.
The duo was accused of interfering with the case against Deputy President William Ruto by blackmailing and intimidating witnesses.
AG also accused Gicheru of surrendering to the ICC without informing the Kenyan court.
"In view of the foregoing, and by dint of the existing High Court order as mentioned hereinabove, Kenya observes that it may not, at this point in time, be able to accord the court the assistance contemplated in Rule 119(1) of the Court’s Rules of Procedure and Evidence, unless the said order is lifted or otherwise varied," AG wrote.
Kariuki added that Gicheru has a chance to redeem himself by notifying the High Court which would then lift the freeze on the arrest warrant. Meanwhile, the lawyer will remain in detention in the Netherlands.
Gicheru had requested ICC to release him as the case proceeded. ICC, however, notified Kenya first seeking her deliberation on the matter.
The lawyer, on Thursday, November 5, said that the government was aware that he had left for The Hague.
Through his attorney, John Khaminwa, Gicheru stated that he wrote to the Head of Public Service Joseph Kinyua before he left for the country.
Khaminwa stated that Gicheru had contacted him on Thursday indicating that he got permission and used it to process visa application at the Netherlands Embassy for both him and his wife.
