Maandamano: Group asks ICC to probe Raila, Uhuru over protest-linked ‘war crimes’
Azimio Coalition leader Raila Odinga and former President Uhuru Kenyatta during the Interdenominational prayer service for victims of police brutality at SKM Centre in Karen, Nairobi, on July 28, 2023.
A group of victims of the recent violent anti-government demonstrations has written to the Prosecutor of the International Criminal Court (ICC) Karim Khan asking for investigations on opposition leader Raila Odinga and retired president Uhuru Kenyatta over their alleged links to the protests.
The group, Victims of Maandamano Insurgents (VMI), claims that Azimio Coalition party leaders are behind the violent demonstrations that have occasioned loss of life, destruction of property and alleged attempts to overthrow the President William Ruto's government.
Through Adrian Kamotho Njenga & Company Advocates, the group alleges that Mr Odinga and Mr Kenyatta have committed crimes against humanity and war crimes.
According to the group, the alleged crimes fall within the ambit of Article 7 and 8 of the Rome Statute and are triable by the ICC.
The group believes that though Azimio Coalition claims the anti-government demonstrations are over high costs of living, the violent protests are an extension of the 2022 Presidential election where Mr Odinga lost to Dr Ruto and the poll results were affirmed by the Supreme Court.
The letter comes slightly over three months after the Azimio coalition also wrote to the ICC Prosecutor seeking investigations into the political situation in Kenya over alleged “killing and maiming” of its supporters by the police.
In the letter written in April, Azimio, through lawyer Paul Mwangi, asked the ICC Prosecutor to investigate Inspector-General of Police Japhet Koome for violating the Constitution by declaring the opposition protests illegal.
For their part, the Victims of Maandamano Insurgents wants The Hague-based court to investigate and prosecute all persons implicated in the recent demonstrations in the country.
“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.
They add that the victims of the demonstrations are willing to avail all evidence on the alleged anarchy.
The group says some opposition politicians defied the retirement law and opted to engage in an extremist political drive.
According to the group, after the August 2022 general elections the leaders commenced a scathing campaign of hate, disinformation, propaganda, incitement and violence against President Ruto's administration.
“Astounding to our client, is a callous manner in which Mr Odinga and Mr Kenyatta continued to sponsor a wave of terror and deadly violence codenamed ‘Maandamano’ against innocent citizens and law enforcement agencies. The foregoing viciousness and gross acts of inhumanity are calculated to trigger panic, anguish and bloodshed among peaceful citizens of the republic of Kenya and exploit horrendous outcomes for power negotiations,” the group states.
The lawyers say that the group’s fears have been aggravated by the use of militia and the threat to invade national security installations, including Directorate of Criminal Investigations (DCl) headquarters in Nairobi.
They also allege that young and under age persons are being enlisted by opposition leaders into the “Maandamano Insurgency”.
The group wants the ICC prosecutor to monitor the situation in Kenya as well as feasible early interventions.
