A non-governmental organization has appealed to the new ICC prosecutor Karim Khan to monitor the political situation in Kenya ahead of the 2022 general election.
The International Center for Policy and Conflict (ICPC) executive director Ndung'u Wainaina in a statement on Tuesday said a section of Kenyan politicians were now resorting to ethnic mobilization and making public utterances that can stoke tensions and ethnic conflicts.
Parties to the International Criminal Court last week elected Karim Khan as the new prosecutor for a nine-year term starting on June 16.
Khan was Deputy President William Ruto's lead lawyer at the ICC and also represented former Head of Public Service Francis Muthaura.
"The Prosecutor must pay particular attention to any reports of inciting hatred, exclusion and physical violence. The Prosecutor must warn anyone who commits, orders, incites, encourages or contributes, in any other way, to the commission of Rome Statute crimes, is liable to prosecution by the ICC," Ndung'u said.
Ndung'u also called on the international community to strongly speak out and take concrete actions against the state and individuals responsible for subverting the Constitution and the rule of law.
He said state impunity and abuse of state power is on the rise and should not be allowed to prevail.
"Kenya is still a State Party to the Rome Statute of the ICC. It is also important to observe that Kenya remains an ICC Situation since 2011 cases have never been closed though vacated," he said.
"No state agency, especially police engaging in acts of committing crimes that can fall under the jurisdiction of ICC should feel immunity from prosecution. Past experience should serve as a warning to police officers."
He noted that politicians have the responsibility to ensure that the race to the 2022 general election is transparent, peaceful and should discourage their supporters from resorting to violence.
"The electoral processes should not feed a sense of impunity on the part of those responsible for committing crimes. On the contrary, it should strengthen the rule of law and the fight against impunity," Ndung'u said.
The human rights activist said that Kenyans are entitled to freedom of expression and dissent without state reprisals.
"State must stop the deplorable selective practice of intimidating, arresting, and persecuting political opponents," he noted.
He also said President Uhuru Kenyatta should stop returning the country to the dark chapter of state repression and gross human rights violations.
He called on him to respect, uphold and abide by the Constitution and oath of office he took in 2017 when he was sworn into the office.
