Petition to the International Criminal Court
To: The Office of the Prosecutor
International Criminal Court
P.O. Box 19519, 2500 CM The Hague, The Netherlands
From: Francis Gaitho
Date: June 29, 2025
Subject: Urgent Request for Investigation and Formal Charges Against Kenya’s Interior Security Minister Oscar Kipchumba Murkomen for Incitement to Violence and Potential Crimes Against Humanity
Honorable Prosecutor,
I, Francis Gaitho, a concerned citizen of Kenya, hereby submit this petition to the Office of the Prosecutor of the International Criminal Court (ICC) to urgently investigate and initiate formal charges against Kenya’s Interior Security Minister, Oscar Kipchumba Murkomen, for his public statements authorizing police to shoot and kill protesters approaching police stations during ongoing protests in Kenya.
These remarks, made on or around June 26, 2025, represent a directive from President William Ruto’s administration to suppress dissent through lethal force, in response to widespread protests against systemic corruption, police brutality, abductions, extrajudicial killings, and enforced disappearances.
I respectfully request that the ICC examine these actions as potential crimes against humanity under the Rome Statute, including incitement to violence and persecution.
Background and Context
In June 2025, Kenya has been gripped by nationwide protests driven by public outrage over systemic governance failures, including entrenched corruption, police brutality, and widespread human rights abuses.
These protests, largely youth-led and mobilized through social media platforms like X, have been fueled by public demands for accountability following incidents such as the death of Albert Ojwang, a 31-year-old teacher and social media commentator found dead in police custody in early June 2025.
The protests reflect deep frustration with the systemic rot within the police force, including abductions, extrajudicial killings, and enforced disappearances, with at least 16 deaths reported during clashes with security forces on June 25, 2025.
On or around June 26, 2025, Interior Security Minister Oscar Kipchumba Murkomen, in an address to police officers, instructed them to “shoot anyone coming close to a police station” with criminal intent, with statements in Swahili translated as, “Tumeambia polisi, mtu yeyote ambaye atakaribia police station, piga yeye risasi” (“We have told police, anyone who approaches a police station, shoot them”).
The media have published his threats due to the significance and severity of his utterances
These remarks have been widely shared on social media platforms, including X, and by international media outlets such as Al Jazeera. Murkomen’s statements, as a directive from President William Ruto, are a desperate attempt to maintain power by quelling dissent and suppressing protests against systemic abuses.
Allegations
1. Incitement to Violence: Minister Murkomen’s public directive to police to shoot protesters approaching police stations constitutes incitement to violence. By framing protesters as threats and authorizing lethal force without clear legal justification, these remarks endanger civilian lives and violate fundamental human rights, including the right to life and peaceful assembly, as enshrined in the Kenyan Constitution and international human rights law, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
2. Potential Crimes Against Humanity: The deaths of at least 16 protesters on June 25, 2025, combined with Murkomen’s authorization of lethal force, suggest a systematic and widespread attack on civilians exercising their democratic rights. Under Article 7 of the Rome Statute, such actions, as part of a state policy to suppress dissent, may constitute crimes against humanity, including murder and persecution. The directive to shoot protesters indiscriminately risks escalating violence and legitimizing extrajudicial killings, which have been a persistent issue in Kenya.
3. Suppression of Dissent and Systemic Abuses: The protests in Kenya are a response to systemic issues, including police brutality, abductions, and enforced disappearances, which have been widely documented by human rights organizations. Murkomen’s statements, reflecting a presidential directive, are a deliberate effort to suppress legitimate dissent and maintain the Ruto administration’s grip on power. This pattern of state-sponsored violence undermines democratic principles and violates Kenya’s obligations under international law.
Request for Action
I respectfully urge the Office of the Prosecutor to:
1. Open a Preliminary Examination: Investigate Minister Murkomen’s statements and their context, including resulting deaths or injuries, to determine whether they meet the threshold for crimes under the ICC’s jurisdiction, particularly incitement to violence and crimes against humanity.
2. Investigate State Responsibility: Examine whether Murkomen’s remarks reflect a broader state policy under President William Ruto’s administration to use lethal force to suppress protests, as stated by citizens and shared on platforms like X.
3. Hold Accountable Those Responsible: Should evidence support the allegations, initiate formal charges against Minister Murkomen and any other officials complicit in authorizing or perpetrating violence against protesters.
4. Protect Civilian Rights: Issue recommendations to the Kenyan government to halt the use of excessive force, ensure accountability for human rights abuses, and protect the rights to peaceful assembly and expression.
Supporting Evidence
• Public Statements: Video evidence and social media posts document Murkomen’s remarks authorizing police to shoot protesters. These statements have been condemned as incitement to state-sponsored murder.
https://x.com/fgaitho237/status/1939181274217787428?s=46
• Protest-Related Deaths: Reports confirm deaths during protests, with evidence of police brutality and excessive force.
• Context of Systemic Abuses: Ongoing protests highlight systemic issues, including abductions and extrajudicial killings, with public sentiment on X describing Murkomen’s remarks as part of a pattern of state repression.
There has been widespread condemnation of Kipchumba Murkomen’s call for war-crimes against protestors
Conclusion
The statements by Minister Oscar Kipchumba Murkomen represent a grave escalation in the Kenyan government’s response to peaceful protests against systemic corruption and human rights abuses.
As a Kenyan citizen, I am deeply concerned about the erosion of democratic freedoms and the loss of innocent lives.
The ICC has a critical role in ensuring accountability for such actions, particularly when they reflect a state policy to suppress dissent through violence.
I implore your office to act swiftly to investigate these allegations and uphold justice for the victims of state-sponsored violence in Kenya.
Respectfully submitted,
Francis Gaitho
June 29, 2025
