Azimio la Umoja has yet again petitioned the International Criminal Court (ICC), this time seeking to have chief prosecutor Karim Khan probed over alleged misconduct.
Through lawyer Paul Mwangi, the Coalition has listed four “matters of concern” which it says amount to a serious conflict of interest with the situation in the country.
In a letter to the head of the Independent Oversight Mechanism, Mwangi said Khan has failed to officially disengage from all matters relating to Kenya casting doubts on whether they will get justice from the court.
“Until August 8, 2023, as will be narrated later in this petition, there has been no official recusal of Mr Khan from the four pending matters stated above nor any known application on his part to the Presidency of The Court to be excused from the situation in Kenya as is contemplated by Article 42(6) of The Rome Statutes,” said Mwangi.
He has even cited a letter dated April 14 seeking to have the court launch investigation into the situation in the country following protests which he said was only acknowledged.
"Azimio submitted a petition seeking the preliminary examination and evaluation of the situation in Kenya. The petition was acknowledged but no further communication has been received," he has stated.
In a six-page letter, the lawyer has taken issue with his association with Mt Kenya University where he was recently conferred with an honorary degree.
According to Mwangi, the founder of the institution is allegedly a close associate of President William Ruto.
"Pictorial evidence of Prof Gacharu receiving Mr Khan to the varsity suggests that he (Gacharu) was a connection point between Khan and the institution thus making his dealings with the university at arms-length," he states.
With this, Mwangi notes, the prosecutor disregarded the ethical standards of the ICC which he argues bars staff from accepting any honours or decorations from any government or non-governmental source.
He said while these rules apply to the subordinates of the Prosecutor, he was under obligation to refer the matter to the Presidency of the Court before accepting.
The petition comes a few days after Azimio leader Raila Odinga raised concern over the close ties between Khan and Ruto at a time they are seeking justice over alleged police brutality against protesters.
Raila said the International Criminal Court should remain neutral in the execution of its mandate of advancing justice across the globe.
On August 4, Khan was in Kenya to receive his honorary Doctorate of Laws degree from Mt Kenya University.
