ICC ghosts: Descent into lawlessness pushes United Opposition to international court

United Opposition leaders during a press conference at a Nairobi Hotel on August 19, 2026. [Kanyiri Wahito, Standard]

The degeneration of the country's security has reached worrying levels and leaders are wondering who will put the brakes on the descent into anarchy.

Institutions charged with guaranteeing citizens safety, from the Ministry of Interior to the police to Parliament, seem unable to handle their sacrosanct duty.

Runaway political violence has taken a turn for the worse with both citizens and law enforcers suffering the brunt of goons and gangsters. The impunity with which they broadcast their torment is shocking. The brazenness with which they ignore law enforcement is shocking.

The Standard can confirm that days after police identified the alleged mastermind of the Homa Bay violence Abdi Kassim Sebu, he has neither been arrested nor surrendered to the authorities, raising fresh questions about the effectiveness of the ongoing crackdown. Another suspect, Homa Bay Town MP Peter Opondo Kaluma, is also engaging in mind games instead of presenting himself to law enforcers to record a statement.

After issuing a statement and threats, the opposition has now invited the International Criminal Court (ICC) to look into the violence with a view of prosecuting the perpetrators and their sponsors at The Hague court.

The Opposition has petitioned the ICC to monitor the cases of political and electoral violence in the country with a view to prosecuting President William Ruto, who they say bears the greatest responsibility for the security of Kenyans.

The Opposition wants the ICC Prosecutor to invoke section 15 of the Rome Statute to independently initiate investigations.

There are three ways into which the ICC may commence investigations on political and electoral violence; State Referral, where member country asks the prosecutor to look at crimes committed on its territory, the UN Security Council Referral that asks the court to investigate a situation, even in non-member states an Proprio Motu (Independent action) where the  ICC Prosecutor analyzes information from NGOs, victims, or reports (like the Waki Commission during Kenya's 2007–2008 crisis) and requests permission from a Pre-Trial Chamber to open a file.

According to the Opposition, the ICC should be moved to monitor the situation in Kenya to investigate international crimes that have been committed under President Ruto's watch.

 "Given the recurring pattern of organised political violence, the allegations of possible collusion by rogue state actors, and the apparent failure to prevent repeated attacks against political leaders, journalists and civilians, we call upon the (ICC) to closely monitor developments in Kenya and to undertake a preliminary assessment of whether credible information exists warranting examination under the Rome Statute," the Opposition leaders said.

The Opposition led by Kalonzo Musyoka (Wiper Patriotic Front) Martha Karua (People's Liberation Party (PLP) Fred Matiang'i (Jubilee), former Chief Justice David Maraga (Green Movement Party (GMP), MP Caroli Omondi (Linda Mwananchi), Siaya Governor James Orengo and Justin Muturi (Democratic Party) the Opposition also wants the ICC to review and determine the status of the previous charges against him.

"Ruto and his Militia are an existential threat to our democracy but the Kenyan people are not powerless."

"This call is not made lightly, nor is it intended to prejudge the criminal responsibility of any individual. It is made because accountability is one of the strongest deterrents against political violence, and because Kenya must never again descend into the circumstances that once attracted the attention of the International Criminal Court," Karua said.

She added: "Those who organise violence should know that the passage of time does not erase responsibility. Political office does not provide immunity from international criminal accountability where the legal thresholds established by the Rome Statute are met."

The leaders maintained that the escalating incidents of political violence witnessed in different parts of the country could no longer be dismissed as isolated confrontations between rival political supporters.

"Taken together, they reveal a disturbing pattern that raises fundamental questions about the neutrality of our security institutions, the protection of constitutional freedoms and, ultimately, whether Kenya is being adequately prepared for a peaceful, free and credible General Election in 2027," the leaders said.

They singled out recent electoral violence meted on Linda Mwananchi leaders in their political tour in Homa Bay where two died and over 40 left fighting for their lives in hospitals.

The leaders also remounted attacks against former Deputy President Rigathi Gachagua in his Nakuru tour where vehicles were vandalized and some supporters injured as well as Matiang'i attacks in Mulot Bomet county last week.

Cases of political violence in churches have been reported where goons stormed All Saints Cathedral in Nairobi and disrupted the post Budgets analysis meeting with goons confessing that they had been sponsored by a powerful politician who support the Broad Based government.

Women and Children were attacked by armed militia at Witima ACK church in Othaya earlier this year who also lobbied teargas inside the church.

The leaders also recalled how hooded men with balaclavas attacked peaceful and unarmed voters at Olkalou on July 16 who had come out to vote for their preferred MP.

"These incidents require independent investigation. Of particular concern are accounts that some attacks occurred in the presence, or within the operational reach, of police officers. The Government must explain how organised groups of armed civilians can repeatedly mobilise, move openly, attack political leaders, journalists, citizens and even police officers, and apparently operate with such confidence," the leaders said.

They maintained that the protection of democracy cannot be left to citizens and political leaders alone saying it remained the responsibility of every Kenyan, every constitutional institution, and every

member of the international community to commit  to democratic governance and the rule of law.

"We call upon all Kenyans to reject political violence in every form, regardless of who perpetrates it or who claims to benefit from it," the Opposition leaders noted.

They also called upon the religious leaders, civil society, the legal fraternity, professional bodies, the media, youth organisations and the international diplomatic community to stand united in defence of the Constitution and to resist any attempt to normalize intimidation, militia activity or politically sponsored violence.

They urges the Independent Electoral and Boundaries Commission (EBC), to work closely with all relevant institutions to ensure that every Kenyan can vote freely, peacefully and without fear.

Additionally the Opposition leaders announced the establishment of a People's Forum for Electoral Preparedness that will be coordinated by Maraga, Muturi and Caroli Omondi which will provide a platform for Kenyans to express their views on the current State of the Nation.

The committee, the Opposition said, will commence its duties on October 9, 2026.

"No Kenyan should lose their life, their liberty or their livelihood because of politics. No journalist should fear death for carrying a camera. No police officer should be forced to choose between the Constitution and political interests. No citizen should be denied the right to campaign, assemble or vote because armed militia have been unleashed upon them."

The leaders added, "No citizen should lose their lives, limbs, liberty or property. The 2027 General Election must be a contest of ideas-not intimidation; ballots-not bullets; democracy-not violence."

Maraga has issued a seven-day ultimatum to the president to make public the report on police reforms or he does it himself. He chaired the taskforce. In the report, based on the executive summary, gaps in the police service, among them, rampant corruption, heightened police brutality, rise in crime and political interference, were highlighted as some of the ills bedeviling the police.

It also highlighted the past partisan use of police, saying this had eroded public trust.

The report was expected to address police interference with opposition-led demonstrations, treating political assembly as a threat to the ruling regime rather than a constitutional right.

Three years later, the recommendations are gathering dust at the executive office.