Azimio party leader Raila Odinga has written to the Head of Independent Oversight Mechanism at the International Criminal Court, accusing Chief Prosecutor Karim Khan of gross misconduct.
In the six-page document seen by Kenyans.co.ke on Thursday, August 17, Raila, through his Lawyer, Paul Mwangi, alleged that Khan neglected his official responsibilities and engaged the government under the disguise of attending a graduation ceremony in Kenya.
Raila outlined four main charges upon which he demanded Khan be investigated and dismissed. These were a fragrant breach of ICC ethical standards, conflict of interest, lack of transparency and undermining 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.
According to Raila, Khan's August 4 visit to Kenya, where he was bestowed an Honorary Degree from Mount Kenya University, was a convoluted way of linking up with alleged friends in the government which Azimio la Umoja accused of committing atrocities against protesters.
He further noted that Khan also engendered victims' feelings of despair and helplessness compounded by the fact that Kenya has an international reputation for promoting and practising 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.
"In accordance with 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 lawyer, Paul Mwangi, added that Khan was informed that his role as the prosecutor would always subject him to a conflict of interest regarding the situation in Kenya as he had represented President William Ruto at the Hague following the disputed 2007 post-election violence.
However, according to Raila, until August 8, Khan was yet to recuse himself from the four pending matters before ICC, including a matter in which Azimio la Umoja is accusing the State of using extra force against their supporters.
According to a notice issued by his office, the ICC prosecutor recused himself from all Kenya cases at the Hague on August 8 to guard against conflict of interest.
"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 to 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 former Prime Minister is also accusing Khan of violating the Staff Rules of the International Criminal Court, which compels officials of the ICC from accepting any honour, decoration, favour, gift or remuneration from any Government or non-governmental source.
"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 further explained that apart from being extremely averse to being granted any honours, decorations, favours or gifts, Khan deliberately violated his oath of office.
"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 Head of Independent Oversight Mechanism International Criminal Court has yet to respond to Raila's allegations against Khan.
