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Barasa

At large

The arrest warrant was issued under seal against Mr Barasa on 2 August 2013 and unsealed on 2 October 2013.

Next steps: The case remains in the Pre-Trial stage, pending the suspect’s arrest or voluntary appearance before the Court. The ICC does not try individuals in their absence.

Bett

At large

The warrant of arrest was issued under seal against Paul Gicheru and Philip Kipkoech Bett on 10 March 2015 and unsealed on 10 September 2015, for offences against the administration of justice consisting in corruptly influencing witnesses regarding cases from the situation in Kenya. On 11 December 2020, Pre-Trial Chamber A severed the cases against Paul Gicheru and Philip Kipkoech Bett. Philip Kipkoech Bett is not in ICC custody.  

Next steps:  Until Philip Kipkoech Bett is arrested and transferred to the seat of the Court in The Hague, the case will remain in the Pre-Trial stage. The ICC does not try individuals unless they are present in the courtroom.

Gicheru

In ICC custody

The warrant of arrest was issued under seal against Paul Gicheru and Philip Kipkoech Bett on 10 March 2015 and unsealed on 10 September 2015 for offences against the administration of justice consisting in corruptly influencing witnesses regarding cases from the situation in Kenya. On 2 November 2020, Paul Gicheru surrendered to the authorities of The Netherlands pursuant to this arrest warrant for offences against the administration of justice consisting in corruptly influencing witnesses of the Court. On 3 November 2020, Paul Gicheru was surrendered to the ICC custody after the completion of the necessary national proceedings.  The first appearance of Paul Gicheru before the Court took place on 6 November 2020. On 11 December 2020, Pre-Trial Chamber A severed the cases against Paul Gicheru and Philip Kipkoech Bett. On 1 February 2021, Paul Gicheru was released to Kenya with specific conditions restricting liberty, during the confirmation of charges proceedings.

On 15 July 2021, ICC Pre-Trial Chamber A confirmed the charges of offences against the administration of justice brought by the Prosecutor against Paul Gicheru and committed him to trial. 

On 15 February 2022, the trial opened before Trial Chamber III. The accused plead not-guilty to the all charges. The prosecution then presented its opening statements and called its first witness. 8 witnesses have testified for the prosecution, the last one finished testifying on 24 March 2022. The Office of the Prosecutor completed its presentation of evidence on 29 March 2022. The Defence announced on 25 April 2022 that it will not call any witnesses.

The closing statements in this case took place on 27 June 2022.

NEXT STEPS: Trial Chamber III will deliberate on the proceedings and, within a reasonable period, pronounce its decision on conviction or acquittal.

Kenyatta

Case closed

Charges withdrawn

The confirmation of charges hearing took place from 21 September to 5 October 2011. Charges withdrawn due to insufficient evidence. Case also involved charges against Francis Kirimi Muthaura and Mohammed Hussein Ali. Judges declined to confirm charges against Mohammed Hussein Ali on 23 January 2012.

Next steps: The case is considered closed unless and until the Prosecutor submits new evidence.

Ruto and Sang

Case closed

Charges vacated

On 5 April 2016, Trial Chamber V(A) decided, by majority that the case against William Samoei Ruto and Joshua Arap Sang is to be terminated. The parties have not appealed this decision. Case also involved Henry Kiprono Kosgey. Judges declined to confirm the charges against Mr Kosgey on 23 January 2012.

Questions and answers arising from the decision of no-case to answer in the case of Prosecutor v. Ruto and Sang