Barasa petition referred to High Court principal judge

The petition challenging the constitutionality of International Criminal Court arrest warrant against journalist Walter Barasa has been referred to the High Court Principal Judge.

Attorney General Githu Muigai and Director of Public Prosecutions Keriako Tobiko had filed a suit wanting Mr Barasa's petition heard together with the request for his arrest by the ICC.

The application for his arrest was made to High Court principal judge Justice Richard Mwongo by Interior Cabinet Secretary Joseph ole Lenku.

Mr Justice George Odunga ruled against a separate hearings for the two cases on Friday, referring Barasa's application to Judge Mwongo for consideration.

Mr Barasa through his lawyer Kibe Mungai had opposed the applications to have his petition heard together, arguing that they entailed separate and distinctive issues for determination.

But Mr Tobiko Thursday argued that it would be against the practice of good order if two applications touching on the same subject matter were heard by two different judges of similar jurisdiction.

“The request for arrest and extradition of Mr Barasa is now seized by the principal judge, and since it is a rule of prudence that similar case cannot run concurrently before two different judges, it is our view that the application is premature and should be heard when the proceedings for his arrest begins,” said Mr Kamula.

Lawyer Wilfred Nderitu, for victims of the 2007/08 post-election violence in the ICC case against Deputy President William Ruto and former broadcaster Joshua arap Sang, also supported the move to have the matters heard together.