Trial Chamber III of the International Criminal Court (ICC) on Friday, October 14, 2022, 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 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,” the ICC communication team said in a statement.
Gicheru was accused of offences against the administration of justice consisting in corruptly influencing 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 Defence 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.
Gicheru Found dead
Later, Gicheru was released in Kenya with specific conditions restricting liberty since 1 February 2021.
However, he was found dead in his house on September 26, 2022.
The family said Gicheru was found unconscious on a couch in the bedroom with people present in his house at the time.
An autopsy conducted on the body was inconclusive with family lawyer Dr John Khamina later ruling out poisoning as the cause of death.
“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.
The lawyer has since been buried.
