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A photo collage of ICC prosecutor Karim Khan during his swearing-in ceremony on June 16, 2021, in the Netherlands (left) and Azimio's Raila Odinga addresses the media on February 16, 2023. PHOTO  ICC / RAILA ODINGA

The International Criminal Court (ICC) based in the Hague, Netherlands, confirmed receiving Azimio la Umoja's letter, which demanded a probe into the conduct of the police during mass protests.

In particular, the opposition sought the ICC to probe police negligence on the raid of Northlands Farm in Ruiru, Kiambu County - owned by the Kenyatta family - and the destruction of property at East Africa Spectre - linked to Azimio leader Raila Odinga. 

Reports indicated that ICC's lead prosecutor Karim Khan acknowledged receipt of the letter but had not decided whether to launch investigations.

Should Khan proceed with the investigations, he must conduct an independent and thorough analysis. Upon conclusion of the investigations, the ICC would press charges and issue a warrant of arrest for those found guilty. 

The Azimio regime accused Inspector General Japhet Koome of orchestrating a systematic attack on their supporters during the mass action. According to the letter, nine people succumbed following the mass demonstrations while scores were injured.

The opposition claimed that the actions contravened Article 7 (1) of the Rome Statute, which states that crimes against humanity do not need to be linked to an armed conflict and can also occur in peacetime, similar to the crime of genocide. 

Raila underscored the importance of the ICC intervening in the listed issues in a bid to aid to ensure justice.

In the letter dated Friday, April 14, and written by Raila's lawyer Paul Mwangi, Azimio also accused President William Ruto of contravening the Constitution and highlighted the issue of the attempted assassination during the mass action.

The lawyer alleged that ten rounds of ammunition were fired at Raila's vehicle around the Pipeline area of Embakasi South Constituency on Monday, April 3, 2023.

Invasion 

Reports alleged that non-locals raided the Northlands farm on March 27, 2023, and seized over 1,400 sheep whose value was pegged at over Ksh70 million. 

The invasion of the Kenyatta-linked farm raised questions about the whereabouts of the police who arrived at the scene the following day. 

While defending the police, Interior Cabinet Secretary Kithure Kindiki claimed that the police were preoccupied with the protestors and could not respond swiftly to the invasion.

Gachagua's Response

Deputy President Rigathi Gachagua, on Saturday, April 15, however, poked holes in Azimio's letter to the International Criminal Court (ICC).

According to Gachagua, Raila, and his team should instead be sent to the Hague for carrying what he argued were illegal protests that culminated in the loss of lives and destruction of property. 

"In fact, the people who should be taken to ICC are those Azimio characters who have destroyed the life and property of the people of Kenya," Gachagua responded while addressing a gathering in Nyandarua County. 

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