ICC Terminates Lawyer Paul Gicheru's Case

An image of ICC suspect Paul Gicheru who died on September 27, 2022.
An image of ICC suspect Lawyer Paul Gicheru who died on September 26, 2022.

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

In a statement dated Friday, October 14, ICC stated that the decision was arrived at following the confirmation of the lawyer's death.

The international court based in Hague revealed that the communication on the lawyer's death was communicated by the government.

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

"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. 

"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," read the statement in part.

The statement by ICC came a week after the lawyer was buried at his home in Nakuru County.

During the burial, the family had revealed that they would move to the court to have the case dismissed given that he was deceased.

Gicheru was facing charges of witness tampering in the 2007 post-election violence cases.

His trial began in February 2022 with eight witnesses testifying against him. Throughout the process, Gicheru maintained his innocence and pleaded not guilty.

The lawyer died before the court could make a ruling on whether he would be acquitted or convicted. ICC in its statement revealed that the deliberations were ongoing at the time of the lawyer's death in September.

Gicheru was found dead at his Karen home on September 26 with foam on his mouth which led to allegations of possible poisoning.

However, family lawyer Senior Counsel John Khaminwa reiterated that poisoning was ruled out in the autopsy conducted last month.

Entrance to the International Criminal Court (ICC) at the Hague
Entrance to the International Criminal Court (ICC) at the Hague
Photo
ICC
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