Kenya opposition seeks ICC probe of police head over violence against protesters

By George Obulutsa

NAIROBI (Reuters) – Kenya’s opposition alliance has written to the prosecutor of the International Criminal Court (ICC) asking him to open an investigation into the head of the police who it accuses of ordering attacks on its supporters during anti-government protests.

Opposition leader Raila Odinga suspended anti-government protests after an appeal from President William Ruto at the start of this month, opting to give dialogue a chance.

Thousands participated in three marches held over two weeks last month. The protests, in part spurred by accusations of fraud in last August’ s presidential election, were all marred by violence.

The alliance, which is known as Azimio, said it had written to ICC asking it to probe Japhet Koome, the inspector general of police. It accused him of breaching the constitution by banning the protests and threatening its supporters with death and physical harm.

Koome did not immediately respond to phone calls and messages seeking comment on the opposition’s request for a probe.

Resila Onyango, the police spokesperson, did not immediately respond to a request for comment on the opposition’s letter to the ICC.

“Kenya… has neglected, failed and or refused to take the requisite steps to prosecute this matter and ensure that the perpetrator is brought to justice,” Paul Mwangi, the alliance’s lawyer, said in a letter to ICC’S Office of the Prosecutor.

The ICC does not comment on communications it receives from member states. The court gets hundreds of communications per year, which are reviewed, but it is up to the prosecutor to determine whether they warrant an investigation.

The court is currently handling investigations from Ukraine, Israel-Palestine and Afghanistan, among others.

The Kenyan government has previously said police officers are prohibited from using live bullets during protests and only respond with force when there is threat to life and property.

Kenya has had cases at the International Criminal Court stemming from 2007-2008 post-election violence in which more than 1,200 people died.

The cases, including one against Ruto and former President Uhuru Kenyatta, collapsed.

(Reporting by George Obulutsa; Additional Reporting by Humphrey Malalo in Nairobi and Anthony Deutsch in Amsterdam; Editing by Duncan Miriri and Bill Berkrot)