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Sunday Standard exclusively obtained documents deposited at the ICC in which two Kenyans have asked the court to investigate the Opposition leaders over what they term “inflammatory conduct” and other crimes that fall within the jurisdiction of the court. Kenneth Otieno and Martin Nkari, the chairman and secretary of the International Policy Group (IPG), have jointly instructed a Canadian law firm to formally ask ICC Chief Prosecutor Fatou Bensouda to launch investigations into the leading lights of the opposition. They appear to be alluding to the flare-ups of violence in major towns when the opposition is doing its protests against the Independent Electoral and Boundaries Commission (IEBC). Ek hazaaron mein meri behna epi 1.
SEE ALSO: THE PLEA On Friday, an intentionally recognised Canadian law firm, Watson Jacobs McCreary LLP, submitted papers to the court and they were formally received by Ms Patricia Castro, and then onto the Prosecutor’s office. However, being on a weekend, we could not immediately and independently confirm this receipt with the prosecutor’s office. An ICC official in an email sent on Friday at 4:41pm is seen confirming that the petition had been filed and registered under OTP-CR-322/17. Specifically, according to documents in our possession, the two Kenyans have listed “ethnic violence, mobilisation and profiling, rape, sexual and gender-based crimes, targeted aggression, violent utterances and constant call to violent demonstrations and call to arms” as the reasons behind their plea to the ICC, the world court that investigates crimes committed by the world’s filthiest warlords and mass murderers, who seek to defeat justice in their home countries.
They have attached 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. SEE ALSO:The tone of their letter appears to be informed by the call for weekly peaceful protests issued by the Opposition when Raila and his running mate Kalonzo withdrew from the top race citing failure of the electoral commission to carry out key reforms to guarantee a free, fair, credible and verifiable election. “If the prevailing volatile situation in Kenya does not get urgent attention and action from the ICC, we apprehend mass atrocities, ethnic profiling, violent ethnic mobilisation, mass displacement of persons, destruction of property, rape, sexual and gender-based crimes and complete breakdown in law and order in the period leading to the October 26 2017 election, during the election, and after the election,” they said in their letter signed October 9, 2017. But NASA leaders have strongly dismissed the move.
Coalition co-principal Musalia Mudavadi said they had not been made aware of the filing at ICC. He said his bosses in the coalition had not done anything unconstitutional during their campaigns and demonstrations. NOTHING TO FEAR He said their supporters have largely been peaceful and they had suffered police brutality in the process. “Our supporters have carried themselves with decorum, it is the police that have killed by the bullet and maimed. Why kill unarmed people participating in a constitutional exercise,” said Mr Mudavadi.
SEE ALSO:Senator James Orengo said they had nothing to fear and observed that such a move would prove that Jubilee administration was not up to task. “We have nothing to fear.
Entry by ICC would mean Jubilee government is unable or unwilling. Let them try,” said Mr Orengo The applicants lawyer, David Jacobs, on Friday wrote to the Information and Evidence Unit in Bensouda’s office at The Hague, Netherlands, and told her that she should get involved in the issues raised “with utmost urgency.” “As I am sure you can appreciate, in all of the circumstances, with the upcoming elections in Kenya, the matters raised in the attached petition merit immediate attention and action by the office of the prosecutor,” said Jacobs. And in another letter to the petitioners, Jacobs is seen confirming to his clients that the matter has already been formally filed as instructed.