Karim Khan, the prosecutor for the International Criminal Court (ICC), who is at the centre of a dispute between Raila Odinga’s Azimio la Umoja One Kenya coalition and President William Ruto’s Kenya Kwanza, has stepped aside from all Kenyan cases at the court in The Hague to avoid any potential conflicts of interest, according to his office.
In a communiqué following allegations by Odinga’s camp that Khan’s visit to Kenya last week could interfere with their case at the court, the office of the prosecutor’s (OTP)’s public information unit clarified that the official was in the country in his private capacity.
“The Prosecutor was in Kenya in a private capacity to receive an honorary degree. Please note that pursuant to Article 42.7 of the Rome Statute, Karim Khan, in his capacity as the Prosecutor of the ICC, has recused himself from all Kenyan cases before the ICC,” read the communication.
Additionally, according to Khan’s office, he had “instituted practical measures to protect against any perceived conflict of interest arising from his former representation of ICC suspects or accused persons.”
In the statement, the court also acknowledged receiving the case from Azimio.
“Under Article 15 of the Rome Statute, any individual or group may send information (which the ICC refers to as “communications”) on alleged crimes to the ICC Prosecutor, who is duty bound to protect the confidentiality of the information received.”
“The Office of the Prosecutor therefore does not comment on such communications, beyond confirming receipt of such communications if the sender has made that fact public. In this instance, we can confirm that we have received a communication as the sender has made that fact public,” it stated.
The announcement was made just one day after Karim Khan was attacked by Azimio after his visit to the country, when it was preparing to make its case regarding police brutality against protesters.
Martha Karua, the deputy principal at Azimio, called Khan’s visit “not only suspect but also a stain on the credibility of the ICC.”
“ICC prosecutor Karim Khan is being hosted in Kenya this weekend by Mt. Kenya University and its founder, a friend of his former client William Ruto, at a time both the Azimio and Kenya Kwanza regimes have written to the ICC on the situation in the country, especially the killing spree of unarmed protestors by police, which is not only suspect but also a blot on the credibility of the ICC,” said Ms. Karua.
Khan’s Involvement With Ruto
Khan, known in Kenya for his role in defending President William Ruto at the ICC on charges of crimes against humanity, was on Friday, August 4, awarded an honorary Doctor of Laws degree by Mount Kenya University (MKU) for his immense contribution to the promotion of justice and humanity.
Khan was the lead lawyer who defended then Deputy President (now Head of State) Ruto and former radio journalist Joshua Sang’ when they were charged with crimes against humanity following the disputed 2007 post-election violence.
The duo’s case was dismissed by the court in 2016.
Khan took over as ICC prosecutor in February 2021, following the end of the term of Gambian Fatou Bensouda.
