Two NASA principals Raila Odinga and Kalonzo Musyoka have been forwarded to the International Criminal Court (ICC) for “inflammatory conduct and other crimes that fall within the jurisdiction of the Court”.
The petition was filed by two Kenyans through a Canadian law firm who wrote to formally ask ICC Chief Prosecutor Fatou Bensouda to launch investigations against the two co-principals.
Kenneth Otieno and Martin Nkari deposited the petition against the two and urging the Court to launch investigations into their conduct and other crimes.
The two are affiliated with the International Policy Group (IPG) where Otieno serves as the Chairman while Nkari is the organisation’s secretary.
Mark Dillon, Head of Information and Evidence Unit Office of The Prosecutor, said they received the documents.
“This communication has been duly entered in the Communications Register of the Office. We will give consideration to this communication, as appropriate, in accordance with the provisions of the Rome Statute of the International Criminal Court,” Dillon said in his response letter.
“Please note this acknowledgment letter does not mean an investigation has been opened, nor that an investigation will be opened by the Office of the Prosecutor.
“As soon as a decision is reached, we will inform you, in writing, and provide you with reasons for this decision.”
The two argue in their petition that the NASA duo are fanning the flames of violence and pointed to outbreak of violence in major towns across the country where NASA is holding protests.
The law firm, Watson Jacobs McCreary LLP, submitted the petition papers to the court on Friday last week and they were formally received by Ms Patricia Castro.
The two Kenyans listed ethnic violence, mobilisation and profiling, rape, sexual and gender-based crimes, targeted aggression, violent utterances and the constant call to violent demonstrations and call to arms as the reasons behind their plea to the ICC.
Their petition included video clips and newspaper cuttings which they say support their case.
They asked the court to act fast as they fear the country could spiral into anarchy.
They said that the petition was as a result of NASA coalition leaders calling for weekly peaceful protests after Raila withdrew from the October 26 vote, citing the failure of the electoral commission to carry out key reforms to guarantee a free, fair, transparent and credible election.