Hague-based International Criminal Court (ICC) has confirmed receiving Azimio la Umoja's letter demanding action over the conduct of the police during mass protests led by opposition leader Raila Odinga.
Among the concerns shared by the opposition is alleged police negligence during the raid at Northlands Farm in Ruiru, Kiambu County and the destruction of property at East Africa Spectre that is owned by opposition leader Raila Odinga.
lead prosecutor Karim Khan acknowledged receipt of the request by Azimio La Umoja One Kenya coalition to investigate the “killing and maiming” of its supporters by police.
The lead prosecutor had not decided whether to launch investigations into the matter or not and declined to comment further on the matter when contacted by Sunday Nation.
The Office of the Prosecutor (OTP) neither confirmed nor denied if the grounds cited by Azimio meet the threshold for the pre-trial chamber to authorise investigations and a determination on whether the matter will move to prosecution.
“Under article 15 of the Rome Statute, any individual or group may send information (communication) on alleged crimes to the ICC prosecutor, who is duty bound to protect the confidentiality of the information received,” the OTP said.
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If the grounds cited by Azimio merits investigation, the OTP shall submit to the Pre-Trial Chamber a request for authorisation.
“If the Pre-Trial Chamber...considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the court, it shall authorise commencement of the investigation, without prejudice to subsequent determinations by the court with regard to the jurisdiction and admissibility of a case,” reads section 4 of the Article.
The letter by Azimio saw Deputy President Rigathi Gachagua respond alleging that it is part of a scheme to intimidate IG Japhet Koome.
“I see they want to intimidate the IG, but I ask you to continue doing your job professionally. Had they not come to the streets, there would have been no issue between the police and the demonstrators. So let them keep their people at home, "Gachagua slammed.