A fresh political storm is brewing in Kenya as the opposition has announced plans to file a case against President William Ruto at the International Criminal Court (ICC), citing a string of extrajudicial police killings during anti-government protests and alleging links between Kenyan security operatives and foreign militias, including from conflict-torn Sudan.
The announcement follows weeks of nationwide protests that were marred by police brutality, live shootings, abductions, and the reported involvement of masked and plainclothes armed gangs in dispersing crowds — sometimes violently. At least 20 people are believed to have died in clashes with police since late May, according to human rights groups.
Speaking on Tuesday, Azimio la Umoja-One Kenya coalition leaders, led by former Prime Minister Raila Odinga, accused President Ruto’s administration of overseeing what they termed “a calculated campaign of terror against citizens exercising their constitutional right to protest.”
“We have documented evidence, photos, videos, eyewitness accounts, and medical reports. The level of state brutality witnessed in the past weeks is unacceptable and criminal. We will file a case at The Hague,” said Raila during a press conference held at Jaramogi Oginga Odinga Foundation.
Odinga said the case will be filed under Article 7 of the Rome Statute, which outlines crimes against humanity, particularly the use of state security forces to carry out murder, enforced disappearance, persecution, and other inhumane acts.
Alleged Foreign Fighters in Kenya?
Even more alarming are the opposition’s claims that elements linked to Sudanese paramilitary outfits, including possible operatives from the Rapid Support Forces (RSF) — currently engaged in a brutal civil war in Sudan — were sighted or identified during operations to quell protests in parts of Nairobi, Kisumu, and Kakamega.
Although the claims remain unverified, multiple human rights activists and independent journalists have reported the presence of non-Kenyan Arabic-speaking individuals in paramilitary-style clothing during raids in Mathare and Kariobangi.
“Who are these masked men who don’t speak Kiswahili but operate with the police? Where did they come from? Kenya is not a war zone,” asked Nairobi Senator Edwin Sifuna, warning that the country risks international sanctions if it becomes complicit in cross-border security crimes.
The National Police Service has strongly denied these allegations. In a statement, Police Spokesperson Resila Onyango called the reports “false, inflammatory, and designed to cause panic,” adding that “no foreign agents have been deployed in any law enforcement operations.”
State House Communications Director Hussein Mohamed dismissed the opposition’s move as “politically motivated and aimed at destabilizing the country,” arguing that President Ruto has been committed to dialogue, economic reform, and national unity.
Legal Grounds at the ICC
If filed, the ICC petition would be the second in Kenya’s history involving a sitting president. Ruto himself previously faced charges at The Hague related to the 2007-08 post-election violence, alongside former President Uhuru Kenyatta. Those cases collapsed in 2016 due to what the court cited as witness interference and lack of cooperation.
Lawyers representing the opposition argue that recent state-sanctioned violence may fall under crimes against humanity, especially if evidence shows a pattern or policy to eliminate dissent through extrajudicial means.
International legal experts warn that proving the Sudan militia link could be difficult, but if substantiated, it could elevate the case to involve violations of international security laws.
A Week of Violence
Human rights watchdogs including Amnesty International Kenya and the Kenya Human Rights Commission (KHRC) have decried what they call “rampant state brutality.” KHRC reports indicate that more than 300 protesters have been arrested, dozens wounded by gunfire, and several still missing.
In Nairobi’s informal settlements, families of victims claim police used live ammunition without provocation. Witnesses in Mathare and Kibra reported masked individuals dragging protestors into unmarked vehicles — a tactic reminiscent of enforced disappearances during Kenya’s darker political eras.
🕊️ What Next?
The opposition has vowed to collect more evidence and submit it to the Office of the Prosecutor at the ICC in The Hague within the next two weeks. Civil society organizations are expected to join the suit, along with testimonies from victims’ families and medics who treated injured protestors.
Meanwhile, tension remains high ahead of further planned protests next week.
