JUDGMENT OF THE COURT
The post-election violence of 2007-2008 in Kenya and the subsequent involvement of the International Criminal Court (the ICC) is well documented. For this appeal, what is relevant is that in the course of the proceedings at the ICC, and pursuant to an ex parte application by the ICC Prosecutor, the single Judge of the Pre-Trial Chamber II issued a warrant for the arrest and surrender of the appellant, a former intermediary between the ICC Office of the Prosecutor and Kenyan witnesses. The warrant alleged that the appellant was involved in corruptly influencing witnesses and attempting to corruptly influence the witnesses. Those charges are the subject of case No: ICC-01/09-01/13, The Prosecutor v. Walter Osapiri Barasa at the ICC. The request was transmitted to the Cabinet Secretary, Ministry of Interior and Co-operation of Kenya for execution in terms of Article 89 of the Rome Statute. Upon receipt, the Cabinet Secretary, for his part forwarded the request togeth…