Fatou Bensouda the Chief Prosecutor at the International Criminal Court/FILE
NAIROBI, Kenya, Oct 15 – Two Kenyans have petitioned the International Criminal Court (ICC) in which they are calling for the investigation of opposition leader Raila Odinga and his running mate Kalonzo Musyoka over what they term as inflammatory conduct and other crimes that fall within the jurisdiction of the court.
According to the petitioners from the International Policy Group Kenneth Orengo and Martin Nkari, both Raila and Kalonzo have conspired to instigate mass violence, unlawful actions that present a threat to Kenya’s peace and security.
“Over the last two years or so, the principals of NASA have steadily whipped up ethnic tensions and mobilised violent demonstrations during political rallies and press conferences. Their statements have been articulated to demonise the government as inept, corrupt and serving particular tribal interests,” they said.
They’ve submitted that if the prevailing situation in the country is not addressed, it would continue to deteriorate.
“If the prevailing volatile situation in Kenya does not get urgent attention and action from the ICC, we’re apprehensive of mass atrocities, ethnic profiling, violent ethnic mobilisation, mass displacement of persons, destruction of property, rape, sexual and gender-based crimes and complete breakdown in law and order in the period leading to the October 26, 2017 election, during the election, and after the election,” they’ve stated in a letter to the Office of the Prosecutor.
They have attached video clips and newspaper cuttings in support of their plea.
The petitioners contend that domestic investigations against Odinga and Musyoka cannot take off allegedly due to retaliation and politicisation by NASA and this would be unreasonably prolonged, subjected to local intrigues and therefore completely ineffective.”
The petitioners go on to say that the two NASA leaders hold the “perverted” view that any Kenyan institution “unwilling to pander to their whims” must be disbanded.
The IPG plea to the ICC comes against a backdrop of heightened protests as a result of Raila’s withdrawal from the October 26 presidential race and a government ban on protests in Nairobi, Mombasa and Kisumu where businesses have been hardest hit, because of fear of looting and violent clashes between opposition protesters and pro-government groups.
The Opposition has been adamant that the electoral commission is trying to frustrate reforms recommended by the Supreme Court, and has called supporters to the streets for peaceful protests.
NASA has itself threatened to report President Uhuru Kenyatta and his security chiefs for what they view as targeted, excessive use of force by the police on the Luo community during the protests.
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