Kenya: ICC Prosecutor Withdraws From All Kenyan Cases After Odinga's Conflict of Interest Comment

A view of the International Criminal Court (ICC) premises.
8 August 2023

Harare — Karim Khan, the prosecutor for the International Criminal Court (ICC), who is at the center of a dispute between Raila Odinga's Azimio la Umoja One Kenya coalition and President William Ruto's Kenya Kwanza, stepped aside from all Kenya cases at the court in The Hague, The Nation reports.

Khan's office said the recusal decision was made to avoid any potential conflicts of interest "that may be perceived to arise from his former representation of ICC suspects or accused persons".

The decision was announced a day after Odinga's coalition criticized Khan for visiting Kenya as the government was preparing its defense about police brutality against protesters.

After Odinga's camp said that Khan's trip to Kenya last week might affect their legal case, the prosecutor's office (OTP) public information section explained that the official was visiting the country in his personal capacity to receive an honorary degree.

"Please note that pursuant to Article 42.7 of the Rome Statute, Mr Karim A.A. Khan KC in his capacity as the Prosecutor of the ICC has recused himself from all Kenya cases before the ICC", read the ICC communication.

Khan's visit was described as "not only suspect but also a stain on the credibility of ICC" by Martha Karua, the deputy principal of Azimio.

"ICC prosecutor Karim Khan hosting in Kenya this weekend by Mt Kenya University and it's founder a friend of his former client William Ruto at a time both the Azimio and Kenya Kwanza regime have written to ICC on the situation in the country, especially the killing spree of unarmed protesters by police is not only suspect but also a blot on the credibility of ICC," said Karua.

On August 4, Mount Kenya University (MKU) presented Khan with an honorary Doctor of Laws degree in recognition of his contributions to the advancement of justice and humanity. Khan is well-known in Kenya for his involvement in defending then deputy president William Ruto and former radio reporter Joshua Sang when they were accused of crimes against humanity in the wake of the contentious 2007 post-election violence. The court threw out the case in 2016.

Khan assumed the position of ICC prosecutor after the resignation of the Gambian Fatou Bensouda in February 2021.

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