Karim Khan, International Criminal Court's Chief Prosecutor, played cagey with reports alleging that he received a letter drafted by the opposition asking him to investigate atrocities committed by President William Ruto's administration.
Speaking to TV47 on Friday, August 4, Khan declined to be dragged into the row between Ruto and opposition leader, former Prime Minister Raila Odinga.
He instead remained tight-lipped, obviously guided by the sensitivity of the matter and the careful approach taken by the ICC in handling the grievous allegations raised on the infringement on human rights.
"Let me recuse myself there," Khan responded.
Khan, who represented Ruto and media personality Joshua Sang when they were charged with crimes against humanity in 2007, remained evasive throughout the interview, despite being hard-pressed to address the letter.
In April 2023, reports alleged that the ICC prosecutor acknowledged receipt of the letter but was still contemplating whether to launch investigations.
Raila Odinga's lawyer, Paul Mwangi, accused Ruto and Inspector General of Police Japhet Koome of orchestrating attacks against peaceful protesters and destroying property at Northlands Farm owned by the Kenyatta family.
Lobby group Operation Linda Ugatuzi also wrote to Khan requesting to file a case against President William Ruto, Interior Cabinet Secretary Kithure Kindiki and IG Koome who they accused of crimes against humanity.
The government countered both allegations by sending a nearly similar letter to Khan, urging him to investigate and prosecute Raila for organising anti-government protests, which culminated in the destruction of property and loss of lives.
Lawyer Adrian Kamotho, who represented both the government and a lobby group identified as Victims of Maandamano Insurgents (VMI), on Friday, July 28, claimed that his clients had borne the brunt of crimes perpetrated by protesters.
Khan Backs Ruto Reforms Agenda
Nonetheless, the ICC Chief Prosecutor welcomed President William Ruto's push for reforms at the United Nations Security Council (UNSC).
Khan urged the UN body to incorporate the views of other world leaders and offer permanent seats to other countries other than the Big Five; China, France, Russia, the United Kingdom, and the United States.
"As humanity, we are a working progress. There is a simple reality: five great powers hold vetoes in the United Nations. That is the fact of the matter.
"The noise that is generated in these discussions is a challenge for all of us. We must not get deviated from facts by noise but hear the truth of the situation," Khan backed Ruto.
He added that Africa is a vital continent to the administration of international justice, and its countries should be accorded an equal chance at the council.
"In fact, Kenya does not have vetoes, similar to Pakistan and India, who are not even Permanent Members of the United Nations Security Council, and the list goes on.
"However, within this imperfect and evolving system that we have, we need to apply the Law more effectively. We are now trying to build more partnerships with Africa. I am trying to create a dynamic in which it does not matter whether it is me who is the prosecutor or it is the ICC flag that is behind the Judge," Khan stated.
Ruto, while addressing the third African Parliamentarians Summit on Climate Policy and Equity in South Africa in May 2023, stated that Africa deserves at least two permanent seats at the United Nations Security Council (UNSC).
He argued that the continent remained greatly disadvantaged in its quest to transact global affairs in diplomacy, peace, security, and trade.
Khan toured Kenya on Friday, August 4 and addressed graduates at Mount Kenya University, where he was conferred with an honorary doctor of Law.
