Karim Khan: Ruto ICC Lawyer Keeps Off All Kenyan Cases

His office communicated his decision a day after his recent visit to Kenya elicited mixed reactions with Azimio la Umoja - One Kenya coalition co-principal Martha Karua questioning the timing of the visit.

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Aug 7, 2023 - 19:05
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Karim Khan: Ruto ICC Lawyer Keeps Off All Kenyan Cases
International Criminal Court (ICC) prosecutor Karim Khan. /REUTERS

International Criminal Court (ICC) prosecutor Karim Khan on Monday, August 7 recused himself from all Kenyan cases at The Hague-based court.

His office communicated his decision a day after his recent visit to Kenya elicited mixed reactions with Azimio la Umoja - One Kenya coalition co-principal Martha Karua questioning the timing of the visit.

Even though the Raila Odinga-led coalition claimed that Khan's visit to Kenya could interfere with their letter to ICC seeking the court's intervention in the recent anti-government protests that left dozens killed and scores injured, the OTP’s public information unit clarified that the official was in the country in his private capacity.

“The Prosecutor was in Kenya in a private capacity to receive an honorary degree. Please note that pursuant to Article 42.7 of the Rome Statute, Mr Karim A.A. Khan KC in his capacity as the Prosecutor of the ICC has recused himself from all Kenya cases before the ICC,” read the communication as reported first by the Nation.

ICC Prosecutor Karim Khan at Mt Kenya University where he received an honorary degree on August 4, 2023. /TWITTER

Khan’s office further stated that he has since “instituted practical measures to protect against any conflict of interest that may be perceived to arise from his former representation of ICC suspects or accused persons.”

In the statement, the court also confirmed receipt of the case filed by Azimio, the first time the ICC openly acknowledged the receipt of information from Kenya regarding alleged crimes.

“Under Article 15 of the Rome Statute, any individual or group may send information (which the ICC refers to as “communications”) on alleged crimes to the ICC Prosecutor, who is duty bound to protect the confidentiality of the information received.

“The Office of the Prosecutor therefore does not comment on such communications, beyond confirming receipt of such communication if the sender has made that fact public. In this instance, we can confirm that we have received a communication as the sender has made that fact public,” it added.

The visit of the British lawyer, who represented President William Ruto at the ICC nearly 10 years ago, was deemed by Karua as suspicious. 

“ICC prosecutor Karim Khan hosted in Kenya this weekend by Mt Kenya University and its founder a friend of his former client William Ruto at a time both the Azimio and 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 tweeted.

While in Kenya, Khan remained adamant on his refusal to comment on whether ICC was investigating concerns that had been raised by Azimio. The opposition had in April written to ICC, urging it to pursue investigations on alleged crimes against humanity by police officers.

In a letter penned by lawyer Paul Mwangi, who is Raila's lawyer, the coalition cited police brutality against its members, affiliates, and media during anti-government demonstrations (Maandamano).

The coalition accused Inspector General of Police Japheth Koome of using a rogue police unit to target its supporters during the demonstrations.

"The squads are reported to be dressed in plain clothes to operate outside the normal command structure and to take direction directly from select commanders appointed for that purpose by Japheth Koome," the letter read in part.

Azimio also told ICC that IG Koome had abrogated the Constitution by banning public demonstrations and arrogating the powers of the Judiciary.

Raila Odinga during a past event. /FILE

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