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.
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