Karua faults ICC prosecutor Karim Khan for honouring MKU’s invite

A recent visit by Karim Khan, the chief prosecutor of the International Criminal Court (ICC), to Kenya has left a section of the political class restless.

Khan was in the country for the 23rd graduation ceremony of Mount Kenya University (MKU) on Friday, August 4, 2023, where he was conferred with an Honorary Doctor of Laws (Honoris Causa).

The visit of the British lawyer, who represented President William Ruto at the ICC about a decade ago has, however, elicited mixed reactions with Azimio la Umoja – One Kenya coalition co-principal Martha Karua questioning the timing of the visit.

According to the Narc Kenya leader, Khan’s visit is suspicious as it comes at a time both Azimio and Kenya Kwanza allied groups have written to ICC seeking the court’s intervention in the recent anti-government protests that left dozens killed and scores injured.

Alleging close ties between MKU founder Simon Gicharu and President Ruto, Karua claimed that Khan’s visit calls the credibility of the ICC into question.

“ICC prosecutor Karim Khan being hosted in Kenya this weekend by Mount Kenya Univerisity and it’s founder a friend of his former client William Ruto at a time both Azimio & kenya Kwanza regime have written to ICC on the situation in the country, especially the killing spree of unarmed protestors by police is not only suspect but also a blot on the credibility of ICC,” Karua said in a tweet.

@ICC prosecutor @KarimKhanQC hosting in kenya this weekend by @MountKenyaUni & it’s founder a friend of his former client @WilliamsRuto at a time both the @Azimio__Kenya & kenya kwanza regime have written to @ICC on the situation in the country, especially the killing spree of…

— Martha Karua SC (@MarthaKarua) August 6, 2023

Azimio had in April asked ICC to investigate the “killing and maiming” of its supporters by police.

Through lawyer Paul Mwangi, the Raila Odinga-led coalition requested Khan to investigate Inspector-General of Police Japhet Koome for violating the Constitution by declaring the opposition protests illegal.

“This communication states that during the protests, the Inspector General of the National Police Service Japheth Koome ordered attacks on the supporters of Azimio La Umoja One Kenya Coalition party that resulted in deaths and injuries and ordered indiscriminate arrests all which were part of a widespread and systematic attack on persons known or suspected to be members, supporters or sympathisers of Azimio La Umoja One Kenya Coalition party who are identified by their political affiliation contrary to Article 7 (1) (h) of the Rome Statute of the International Criminal Court (“the Rome Statute”) , to wit, Crime against humanity of persecution,” Mwangi said.

Last month, the coalition also threatened to drag security bosses to ICC over killing of their supporters in several parts of the country in a fresh wave of anti-government demos.

At the same time, a group of victims of the recent demos wrote to Khan requesting a probe on Raila and retired President Uhuru Kenyatta over their alleged links to violence witnessed during the protests.

The group identified as Victims of Maandamano Insurgents (VMI) claimed that the two leaders had committed crimes against humanity and war crimes.

“We are instructed to respectfully draw your attention to grave humanitarian atrocities and war crimes perpetuated against our client, that fall at the heart of your mandate as delineated by the Rome Statute of the International Criminal Court, which confers upon the ICC, unfettered jurisdiction in relation to crimes of international concern, in complementary to national criminal jurisdictions,” the lawyers say in the letter dated July 28, 2023,” the group said through Adrian Kamotho Njenga & Company Advocates.