In a letter dated April 14, 2023, opposition leader Raila Odinga sought the intervention of the Court over the alleged killing and maiming of his supporters by the police, signalling a long-drawn confrontation with President William Ruto’s administration.
In the letter, Mr Odinga, through lawyer Paul Mwangi, asked ICC Prosecutor Karim Khan to submit detailed information on the current situation in Kenya to the court pre-trial chamber for authorization of investigations.
Mr Odinga has moved prosecutor Karim Khan to specifically investigate the current inspector general of police, Mr. Japheth Koome for allegedly forming a special police unit to torture and kill his supporters.
According to Article 5 of the Rome Statute of the ICC, the Court has Jurisdiction in respect to four major crimes namely;
(a) The crime of genocide.
(b) Crimes against humanity.
(c) War crimes.
(d) The crime of aggression
It is now upon the ICC to decide whether to initiate investigations as per its Jurisdiction and definition of war crimes upon perusing the filed evidence or turn down the request by Raila Odinga.
Uhuru and Ruto’s Case
The ICC decision to “terminate” charges against Uhuru Kenyatta and William Ruto ended international efforts to seek justice for victims of violence in the aftermath of the disputed elections in 2007.
During inter-ethnic conflicts fueled by severe political rivalries and the pursuit of power, over 1,200 people were killed and over 500,000 were forced to evacuate their homes.
Mr Ruto’s prosecution case was plagued by difficulties.
ICC judges barred the use of recanted testimony, which meant that prosecutors could not use previously recorded witness statements.
Prosecutors claim that intimidation and bribery caused several key witnesses in the case to change their statements.
Mr Ruto’s lawyers said he should be acquitted because so many key prosecution witnesses either dropped or changed their original statements.
ICC prosecutor Fatou Bensouda acknowledged that the loss of witnesses weakened the case against the deputy president.
