Activist: Calls for ICC Intervention in Kenya Are Politically Driven, Opposition Should Trust Local Institutions

 Eldoret-based human rights activist Kipkorir Ngetich has strongly opposed calls by sections of the opposition for the International Criminal Court (ICC) to intervene in matters relating to political violence and alleged human rights violations in Kenya.

Ngetich, who spoke on behalf of the Centre for Human Rights and Democracy in Eldoret, said Kenya remains a sovereign state with functioning democratic, legal and judicial institutions capable of handling cases of political violence, human rights violations and other criminal offences.

He accused individuals pushing for international intervention of using the ICC as a political weapon to pressure the government and advance what he described as political ambitions.

According to Ngetich, the calls are not based on the failure of Kenyan institutions but are instead driven by political interests aimed at portraying the country as unstable and incapable of managing its own affairs.

“ICC is a political tool used by power-hungry individuals to pressure and blackmail independent nations with a functioning democracy and the rule of law for regime change,” Ngetich said.

He maintained that Kenya's sovereignty must be respected, arguing that domestic political disputes and criminal matters should be addressed through institutions established under the Constitution.

Ngetich said Kenya cannot be treated as a failed state whose justice system has completely collapsed, insisting that the country has courts, investigative agencies and security institutions that are already handling cases arising from political violence.

Ngetich challenges opposition over ICC calls

The human rights activist accused opposition politicians of what he termed hypocrisy, claiming that some of those now calling for international intervention have previously participated in or supported political activities that contributed to tension and violence.

He alleged that political incitement, ethnic mobilisation and the use of youths in political confrontations have contributed significantly to attacks witnessed during political activities.

Ngetich specifically criticised what he described as efforts to profile security officers and members of particular communities, arguing that such actions risk deepening ethnic divisions in the country.

He linked recent attacks on security officers to political incitement, saying political leaders should take responsibility for the consequences of inflammatory rhetoric.

“The political violence and attack on security officers are direct consequences of political incitement and ethnicity that has long been a political tool,” he said.

Ngetich further claimed that the government has already arrested several suspects in connection with political violence across the political divide, with investigations ongoing and some cases already before the courts.

He said the existence of active investigations and prosecutions demonstrates that Kenya's justice system is capable of handling the challenges facing the country.

“It is not true for the opposition to argue that the Kenyan government is unable and unwilling to investigate and arrest culprits of political violence when we have so many cases in court,” he said.

Calls for police to pursue alleged sponsors

The activist urged the National Police Service to take firm action against individuals involved in political violence, while at the same time investigating those who allegedly finance, organise or facilitate such activities.

Ngetich said it would not be enough for authorities to arrest individuals who participate directly in violence without pursuing the people who allegedly mobilise or sponsor them.

He called for equal application of the law, saying Kenyans should be allowed to exercise their constitutional freedoms while political leaders and their supporters remain accountable for their actions.

“We are urging the police to deal firmly with goonism and also go for the sponsors,” he said.

Ngetich argued that political violence should not be normalised or used as a tool for advancing political interests, warning that such practices could undermine Kenya's democratic gains.

Activist invokes Gen Z demonstrations

The Eldoret-based activist also referred to the 2024 Gen Z demonstrations, saying the country witnessed serious incidents involving protesters and security agencies.

He claimed that some police stations were attacked during the demonstrations and that innocent Kenyans and security officers were affected.

According to Ngetich, opposition leaders who are now demanding ICC intervention did not make similar appeals during those incidents.

He used the comparison to question what he described as selective demands for international intervention depending on the political circumstances surrounding a particular incident.

Ngetich said political actors should instead allow Kenyan investigative and judicial institutions to establish the truth and hold individuals responsible.

He argued that international intervention should not be invoked simply because political actors disagree with the government's actions or because they believe domestic institutions may deliver outcomes contrary to their interests.

Warns against portraying Kenya as a failed state

Ngetich also rejected claims that Kenya is a failed state or that its institutions are incapable of dealing with political and security challenges.

He said Kenya's democracy has continued to evolve and that the country has stronger institutions than many other African states.

He warned against what he described as attempts by political groups and some civil society actors to portray Kenya as dangerous or ungovernable in order to attract international pressure.

“We want to tell Kenyans that democracy has grown and cannot be compared with many countries in Africa,” he said.

The activist further accused unnamed political actors of working with foreign interests to damage Kenya's international reputation.

He claimed that some political figures and groups were unhappy with the current political leadership and were allegedly seeking external support to influence the country's political transition.

Ngetich specifically referred to President William Ruto, arguing that what he described as political dynasties and powerful political interests had not accepted the rise of an ordinary Kenyan to the country's highest office.

He alleged that some of these forces were determined to undermine the government and create an impression that Kenya is incapable of governing itself.

Kenya's sovereignty at the centre of debate

Ngetich insisted that Kenya has the right to handle its domestic affairs through its own constitutional institutions and legal framework.

He argued that allowing external judicial intervention to override Kenya's domestic processes would undermine the country's sovereignty.

He further pointed to Kenya's past relationship with the ICC and the country's position regarding the Rome Statute, saying international institutions should not be used as political instruments to influence Kenya's internal affairs.

However, the activist's position comes amid wider debates in Kenya over accountability, police conduct, political violence and the role of international institutions in addressing alleged serious violations of human rights.

Ngetich maintained that criticism of government institutions should be allowed within the law but warned political actors against using violence or inflammatory rhetoric to pursue political objectives.

Calls for responsible exercise of constitutional freedoms

The human rights activist said Kenyans have a constitutional right to assemble, demonstrate, express political opinions and participate in political activities.

However, he stressed that those freedoms come with responsibilities.

He urged political leaders to mobilise their supporters peacefully and to discourage violence, ethnic hostility and attacks against security officers.

Ngetich also called on security agencies to protect the rights of peaceful protesters while taking action against individuals who engage in criminal activities.

He said the government should ensure that law enforcement is conducted within the Constitution and that anyone accused of wrongdoing is subjected to due process.

“We want Kenyans to enjoy the freedoms and rights guaranteed by our Constitution, but with responsibility and accountability,” he said.

Ngetich's remarks are likely to fuel an ongoing political debate over whether Kenya's domestic institutions are sufficiently independent and effective to handle allegations of political violence and human rights abuses.

The activist, however, maintained that Kenya should be allowed to resolve its political and legal disputes through its own institutions rather than relying on foreign judicial mechanisms.

The opposition leaders and other individuals criticised by Ngetich have not, in his statement, been given an opportunity to respond to the allegations.