Opposition leader Raila Odinga requested the Court's involvement in a letter dated April 14, 2023, on the alleged killing and injury of his followers by the police, setting up a protracted conflict with President William Ruto's administration.


Through his attorney Paul Mwangi, Mr. Odinga requested in the letter that ICC Prosecutor Karim Khan provide the court's pre-trial chamber with specific information regarding the state of affairs in Kenya to obtain authorization for investigations.


Mr. Odinga has moved prosecutor Karim Khan to investigate the current inspector general of police, specifically, Mr. Japheth Koome, for allegedly forming a special police unit to torture and kill his supporters.

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According to Article 5 of the Rome Statute of the ICC, the Court has Jurisdiction with respect to four major crimes, namely;


(a) The crime of genocide.


(b) Crimes against humanity.


(c) War crimes.


(d) The crime of aggression


It is now upon the ICC to decide whether to initiate investigations as per its Jurisdiction and definition of war crimes upon perusing the filed evidence or turn down the request by Raila Odinga.



The ICC decision to "terminate" charges against Uhuru Kenyatta and William Ruto ended international efforts to seek justice for victims of violence in the aftermath of the disputed elections in 2007.


During inter-ethnic conflicts fueled by severe political rivalries and the pursuit of power, over 1,200 people were killed and over 500,000 were forced to evacuate their homes.


Difficulties plagued Mr. Ruto's prosecution case since prosecutors could not use previously taped witness comments because ICC judges prohibited the use of recanted testimony.

According to the prosecution, several important witnesses in the case were coerced into changing their testimony by threats and bribes.


The majority of the prosecution's key witnesses, according to Mr. Ruto's attorneys, either modified their original statements or withdrew them.


According to ICC prosecutor Fatou Bensouda, the loss of witnesses made the case against the vice president less compelling.