Detectives probe death of lawyer in Ruto’s Hague case

Paul Gicheru, the Kenyan lawyer who was charged at the International Criminal Court (ICC) for witness tampering in President William Ruto’s case, died in his Nairobi home on Monday in unclear circumstances.

Family members said Gicheru had lunch on Monday and at around 4pm, he told his wife Ruth Nyambura that he was tired and wanted to rest at a couch next to his bedroom.

Nyambura said that around 7pm, she went to inform Gicheru that their son Allan Njoroge, who was to travel to the UK later that day, was ready to leave for the airport.

She said she found him gasping for breath and foaming at the mouth. Nyambura said they immediately alerted doctors from the nearby Karen Hospital who pronounced him dead when they arrived.

Gicheru who had kept a low profile since he went to the Hague had hosted few relatives at his residence for a lunch meeting.

“He was declared dead in his house. The body was found lying on the back,” a family member said.

On Monday night detectives from the Directorate of Criminal Investigations (DCI) visited the scene and conducted forensic analysis including some food samples and drinks he had taken before he died. On learning about the death, his son collapsed and was rushed to hospital. The matter was reported at Karen Police Station.

Surrender to ICC

On November 2, 2020, Gicheru surrendered to the ICC in compliance with an arrest warrant issued in 2015 over accusations of corruptly influencing witnesses. Gicheru, a highly connected advocate and the former chairman of the Export Processing Zone Authority (EPZA), and Philip Bett, were accused of corruptly influencing witnesses in the ICC case against Ruto and journalist Joshua arap Sang. “On November 2, 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,” the ICC said in a statement yesterday.

The ICC is likely to terminate the case against Gicheru following his death. On September 10, 2015, for example, the Pre-Trial Chamber II of the ICC terminated proceedings against Lord Resistance Army (LRA) deputy commander Okot Odhiambo following the confirmation of his death.

Witness death

In July, another potential ICC witness who was a teacher in Kakamega also died under mysterious circumstances. Christopher Koech, a teacher at Khaunga Primary School, had gone to school on his motorcycle and about an hour later, he left before he was later found lying on the side of the road, next to his bike, near Shibuli market.

He was foaming from the mouth and was sweating profusely and it was suspected that he had been poisoned.

According to human rights activists, Koech was among ICC witnesses who were to testify at the Hague but later recanted his statement.

Koech, who was one time under witness protection and even sought refuge in the neighbouring country, was expected to travel to The Hague to testify in lawyer Gicheru’s case.

The court said Gicheru was criminally responsible as a direct co-perpetrator for solicitation and inducement, of the crime of corruptly influencing a witness, code named P-397 by paying Sh1 million and by offering to pay the witness Sh5 million in order to influence the witness to withdraw as a prosecution witness.

The court also stated that Gicheru was criminally responsible as a direct co-perpetrator for solicitation and inducement, of the crime of corruptly influencing a witness, by offering or paying another witness code-named Witness P-516, a bribe of at least Sh500,000 in order to influence the witness to withdraw as a Prosecution witness.

“Pre-trial chamber II orders the Registrar to prepare, in consultation and coordination with the Prosecutor, and transmit a request for cooperation to relevant State to take appropriate measures for the body/personal search of Paul Gicheru and Philip Kipkoech Bett and any premises where they may be arrested, their residences at the time of their arrests, and any such offices utilised by them,” read an ICC statement issued on March 10, 2015.

When he surrendered, Kapsaret MP Oscar Sudi said the decision was part of a scheme aimed at reviving the ICC cases to stop then Deputy President Ruto from running for president.

Ruto and Sang’s charges were dropped on April 5, 2015, without prejudice to prosecution bringing a new case in the future, or in a different form, in light of new evidence. Their case was vacated six years after the trial commenced.