You are compromised: Azimio slam ICC prosecutor Karim Khan over visit to Kenya

ICC Prosecutor Karim Khan at MKU

From left, International Criminal Court  Prosecutor Karim Khan is conferred with an honorary Doctor of Laws degree by Mount Kenya University Chancellor Prof John Struthers during the university's 23rd graduation ceremony at its graduation square at Happy Valley in Thika town, Kiambu county, on Friday, August 4.

Photo credit: Simon Ciuri | Nation Media Group

The Azimio la Umoja One Kenya coalition has condemned International Criminal Court (ICC) prosecutor Karim Khan following his visit to Kenya ahead of its case at the Hague-based court over allegations of police brutality against protesters.

Azimio deputy principal Martha Karua described Mr Khan's visit as "not only suspicious but also a stain on the credibility of the ICC".

"For ICC Prosecutor Karim Khan to be hosted in Kenya this weekend by Mt Kenya University and its founder, a friend of his former client William Ruto, at a time when both Azimio and the Kenya Kwanza regime have written to the ICC about the situation in the country, particularly the killing of unarmed protesters by the police, is not only suspicious but a blot on the credibility of the ICC," said Ms Karua.

Mr Khan, known in Kenya for his role in defending President William Ruto at the ICC on charges of crimes against humanity, was awarded an honorary Doctor of Laws degree by Mount Kenya University (MKU) on Friday, August 4 for his immense contribution to the promotion of justice and humanity.

Mr Khan was the lead lawyer who defended then Deputy President (now Head of State) Ruto and former radio journalist Joshua Sang' when they were charged with crimes against humanity following the disputed 2007 presidential election.

The duo's case was dismissed by the court in 2016.

Mr Khan took over as ICC prosecutor in February 2021, following the end of Gambian Fatou Bensouda's term.

William Ruto and Karim Khan

Deputy President William Ruto and his lawyer Karim Khan (left) and outside the International Criminal Court after their first session on September 10, 2013. 

Photo credit: File | Nation Media Group

While presiding over a fundraising event at ATG Deliverance Church Mwiki in Nairobi on Sunday, August 6, Azimio leaders, led by DAP-Kenya leader Eugene Wamalwa, expressed concern over Mr Khan's involvement in Kenya as the country is on the verge of making a referral to the ICC.

"We wish to express our caution and concern about the presence of Khan, the prosecutor of the International Criminal Court (ICC), in Kenya. Senior Councillor Martha Karua has already raised this issue and we echo her sentiments. Our legal team is currently preparing the necessary documents against the police officers responsible for the tragic loss of life in Kenya. We have compelling evidence that we are assembling to present to the ICC," he said.

He noted that: "As we continue our efforts to address the issue of police brutality and possible acts of genocide perpetrated by the Kenya Kwanza regime, we are concerned about Khan's presence while Kenya prepares to bring these charges to the ICC."

Mr Wamalwa pointed out that Mr Khan's presence in the country could potentially compromise the impartiality of the proceedings.

"The concerns raised by Martha Karua have added weight to our reservations," he added.

He was accompanied by ODM Secretary General and Nairobi Senator Edwin Sifuna, Senators Steward Madzayo (Kilifi), Enoch Wambua (Kitui), Eddy Oketch (Migori), Godfrey Osotsi (Vihiga) and MPs Mark Mwenje (Embakasi West) and Julius Mawathe (Embakasi South), among others.

Mr Wamalwa stressed the urgency of their mission to seek justice for victims of police brutality and possible genocide in Kenya.

Elsewhere, Embakasi East MP Babu Owino said Mr Khan should appoint other prosecutors to handle the Kenyan matter because of 'conflict of interest'.

"I want to advise you (Mr Khan) that you are not the best person to investigate the killings by our supporters because of conflict of interest as you may not act in the best interest of the court," Mr Owino said.

 He continued: "We advise you to appoint other prosecutors to come to Kenya to investigate these matters."

In his acceptance speech after receiving an honorary doctorate from MKU, Mr Khan hailed the value of education in the growth and development of humanity.

"I encourage us all to invest relentlessly in making education accessible and affordable. This will enable us to achieve an equitable society as envisioned by the United Nations Sustainable Development Goals, particularly Goal 10 on reducing inequalities, for which MKU is the current United Nations Academic Impact Hub," he said.

On Monday, August 7, ICC spokesman Fadi El-Abdalla declined to comment on Azimio's concerns following Mr Khan's visit, instead referring the Nation to the prosecutor's media team.

"You can contact his media team directly at [email protected]," he told the Nation in an email.