WALTER BARASA may be airlifted to The Hague(ICC) after High Court dismisses his petition challenging extradition saying procedure by minister invalid.
Barasa had moved to the High Court to block his arrest and surrender to ICC over alleged witness bribery. He said it was not proper for the government to commence proceedings under International Crimes Acts before notifying and furnishing him with the information and evidence upon which the ICC issued his warrant of arrest. He argued that the procedure set out in the Act, in respect of Arrest and Surrender of Persons to the ICC, was fundamentally flawed and invalid under Kenya’s Constitution.
“On August 27, 2010, the Constitution was promulgated as the supreme law. Article 2(4) of the Constitution provides that any law, including customary law, that is inconsistent with the Constitution is void to the extent of the inconsistency, and any act or omission in contravention of…
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