The International Criminal Court (ICC) pre-trial chamber has committed Paul Gicheru to trial after confirming charges of alleged witness tampering.

The pre-trial chamber’s decision relied on the prosecutor and defence's evidence and submissions.

According to the chamber, there were substantial grounds to believe that Gicheru committed offences against the administration of justice either as a co-perpetrator or other modes of liability.

The offences were allegedly committed in the interest of furthering a plan to undermine the prosecution’s case in the William Ruto and Joshua arap Sang case that led to the closure of the case on September 10, 2015, here in Kenya.

Gicheru together with others stands accused of identifying, contacting, and locating 8 witnesses then either threatened them or bribed them into withdrawing from prosecution witnesses, stopping cooperating with the prosecution or recanting their statements.

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The confirmation of the charges will only determine whether the prosecution’s case should proceed to trial but not establish the guilt of the accused.

There is no possibility to appeal a decision on the confirmation of the charges for parties in cases concerning offences against the administration of justice.

Paul Gicheru and Philip Kipkoech Bett warrants of arrest were issued under seal 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. 

Paul Gicheru surrendered On 2 November 2020, 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. 

He was surrendered to the ICC custody on 3 November 2020, 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.