Raila’s Move Jeopardizes ICC Prosecutor Karim Khan’s Role
Raila Odinga, the leader of the Azimio party, has sent a letter to the head of the Independent Oversight Mechanism at the International Criminal Court. In the letter, he alleges that Chief Prosecutor Karim Khan has engaged in serious misconduct.
In a document consisting of six pages that GossipA2Z reviewed on Thursday, August 17th, it was revealed that Raila Odinga, represented by his attorney Paul Mwangi, accused Khan of disregarding his official duties and using the pretense of attending a graduation event in Kenya to involve himself in government affairs.
Raila delineated four primary accusations on which he insisted that Khan should undergo investigation and be removed from the position.
These actions involved a violation of ICC ethical norms, a situation where conflicts of interest arose, a lack of transparency, and actions that weakened the integrity of the court.
“I fully take cognizance of the fact that this office prefers that all matters as those contained in this letter are treated confidentially, but the Court has an appalling record when it comes to the protection of persons who have talked to it confidentially on matters relating to Kenya.
“For that reason, this Petition shall be made public immediately after submission to this office,” read the letter to the Independent Oversight Mechanism International Criminal Court, which conducts internal inspections and investigations and evaluates the court.
Raila states that Khan’s trip to Kenya on August 4th, during which he received an Honorary Degree from Mount Kenya University, seemed like a complicated method of connecting with individuals in the government who have been accused by Azimio la Umoja of committing acts of violence against demonstrators.
ALSO READ: ICC Prosecutor Khan Steps Back from Kenyan Cases Amidst Azimio Onslaught
He additionally observed that Khan also caused victims to experience emotions of hopelessness and powerlessness, which were made worse by the reality that Kenya is globally known for endorsing and carrying out impunity.
“Khan has embedded the belief in the Kenyan people that The Court is powerless in the case of Kenya and that all past, present, and future suspects of international crimes touching on Kenya are untouchable.
“By the guidelines of the Independent Oversight Mechanism a copy of this petition will be sent to the President of The Assembly of State Parties,” Raila stated.
His attorney, Paul Mwangi, stated that Khan was made aware that his position as the prosecutor would consistently place him in a situation where there was a conflict of interest concerning the Kenya situation. This is due to his prior representation of President William Ruto at the Hague after the controversial violence that occurred in the aftermath of the 2007 elections.
Still, as per Raila’s statement, Khan had not withdrawn his involvement from the four ongoing cases at the ICC by August 8th. These cases include one where Azimio la Umoja has alleged that the government used excessive force against their followers.
As per an announcement released by his office, the ICC prosecutor withdrew himself from all Kenya-related cases at the Hague on August 8th to prevent any potential conflicts of interest.
ALSO READ: ICC Prosecutor Khan’s Kenya Visit Raises Azimio Leaders’ Concerns
“It is of concern that Khan has kept alive an official capacity to deal with evidence and filings respecting the four cases above and to be involved in discussions and decisions relating to the same and the best of the information available to the public has not discharged his duty to seek to be excused by the Presidency of the Court from further dealing in the situation in Kenya,” the letter read in parts.
The ex-Prime Minister is additionally alleging that Khan has breached the regulations of the International Criminal Court regarding its staff, which prohibit ICC officials from receiving any form of recognition, award, benefit, present, or payment from either governmental or non-governmental entities.
“The rule says that such approval shall only be granted in exceptional cases and only when such acceptance is not incompatible with the interests of the court and with the status of the staff member as an international civil servant,” Mwangi’s letter added.
Raila went on to clarify that aside from strongly disliking receiving any awards, distinctions, benefits, or presents, Khan intentionally broke his sworn commitment to his position.
“It is expected that he would refer the matter to the Presidency of the court before acceptance in the same manner his subordinates are expected to refer to him.
“The institution that granted Khan his honorary degree was founded by a friend and close associate of President William Samoei Ruto to whom case number ICC-01/09-01/11 relates,” Raila alleged.
The response from the Chief of the Independent Oversight Mechanism at the International Criminal Court to Raila’s accusations against Khan is still pending.
Raila’s Move Jeopardizes ICC Prosecutor Karim Khan’s Role
