ICC receives petition for Raila, Kalonzo probe over election chaos

NASA presidential candidate Raila Odinga with running mate Kalonzo Musyoka during the coalition's rally in Kibera, Nairobi, on July 18, 2017. /ENOS TECHE
NASA presidential candidate Raila Odinga with running mate Kalonzo Musyoka during the coalition's rally in Kibera, Nairobi, on July 18, 2017. /ENOS TECHE

The International Criminal Court on Tuesday confirmed receipt of a petition against National Super Alliance principals.

Two Kenyans, through a Canadian law firm, wrote to formally ask ICC Chief Prosecutor Fatou Bensouda to launch investigations against the opposition leaders.

Kenneth Otieno and Martin Nkari deposited the petition against NASA's leader Raila Odinga and his running mate Kalonzo Musyoka.

They asked the court to investigate the two for "inflammatory conduct" and other crimes that fall within the jurisdiction of the court.

Otieno is the chairman of the International Policy Group (IPG) while Nkari is the organisation's secretary.

Mark Dillon, Head of Information and Evidence Unit Office of The Prosecutor, said they received the documents.

"This communication has been duly entered in the Communications Register of the Office.

We will give consideration to this communication, as appropriate, in accordance with the provisions of the Rome Statute of the International Criminal Court," Dillon said in his response letter.

"Please note this acknowledgment letter does not mean an investigation has been opened, nor that an investigation will be opened by the Office of the Prosecutor.

"As soon as a decision is reached, we will inform you, in writing, and provide you with reasons for this decision."

In the petition, the duo pegs their argument on the flare-ups of violence in major towns when the opposition is doing its protests against the IEBC.

The law firm, Watson Jacobs McCreary LLP, submitted the petition papers to the court on Friday last week.

They were formally received by Ms Patricia Castro.

The petitioners list ethnic violence, mobilisation and profiling, rape, sexual and gender-based crimes, targeted aggression, violent utterances and the constant call to violent demonstrations and call to arms as the reasons behind their plea to the ICC.

Also attached to the petition are video clips and newspaper cuttings which they say support their case.

The two have told the court they fear that if the ICC does not act right away, the country could spiral into anarchy.

It is said the two took the move after NASA coalition leaders called for weekly peaceful protests after Raila withdrew from the October 26 vote.

NASA announced its withdrawal citing the failure of the electoral commission to carry out key reforms to guarantee a free, fair, transparent and credible election.

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