Raila writes to ICC over Karim Khan’s misconduct
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Raila Odinga through his lawyer writes to ICC complaining Karim Khan's misconduct following his “suspicious” visit to Kenya
Raila Odinga through his lawyer writes to ICC complaining Karim Khan’s misconduct following his “suspicious” visit to Kenya.
In a six-page letter to the Head of the Independent Oversight Mechanism at the International Criminal Court on Thursday, August 17, Raila accused Chief Prosecutor Karim Khan of gross misconduct.
His lawyer Paul Mwangi alleges that Khan neglected his official responsibilities and engaged the government under the disguise of attending a graduation ceremony in Kenya.
Raila listed the four main allegations that he wanted Khan examined for.
These included egregious ethical violations by the ICC, conflicts of interest, a 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.
Raila claims that Khan’s trip to Kenya on August 4—during which he received an honorary degree from Mount Kenya University—was an elaborate ruse to establish contact with purported allies in the administration, which Azimio la Umoja accused of committing crimes against demonstrators.
He added that Kenya’s reputation abroad for advocating and upholding impunity contributed to the victims’ sentiments of hopelessness and helplessness, which Khan also reinforced.
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“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.
Raila 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 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.
But accused 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.
“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.
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