Petition to the International Criminal Court (ICC) Regarding Violent Repression of Peaceful Protests in Kenya and the Death of Albert Omondi Ojwang

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Petition to the International Criminal Court (ICC) Regarding Violent Repression of Peaceful Protests in Kenya and the Death of Albert Omondi Ojwang

To the Office of the Prosecutor,
International Criminal Court,
The Hague, Netherlands

Subject: Urgent Request for Investigation into Violent Repression of Peaceful Protests and the Death of Albert Omondi Ojwang in Kenya, with Calls for Sanctions and Indictment Under the Rome Statute

Date: June 14, 2025

Honorable Prosecutor,

I, Francis Gaitho, on behalf of concerned citizens, human rights organizations, and advocates for justice in Kenya and beyond, hereby submit this petition to the International Criminal Court (ICC) to urgently investigate the violent repression of peaceful protests in Kenya, conducted under the banner #JusticeForAlbertOjwang, and the extrajudicial killing of Albert Omondi Ojwang, a 31-year-old teacher and blogger, while in police custody. I further call for accountability, including sanctions such as travel bans, asset freezes, and indictments under the Rome Statute for those responsible for these grave violations of human rights.

Background and Context

On June 7, 2025, Albert Omondi Ojwang was arrested in Homa Bay, Kenya, following a complaint by Deputy Inspector General of Police Eliud Lagat, who accused Ojwang of tarnishing his reputation through social media posts alleging misconduct. Ojwang was transported over 350 kilometers to Nairobi’s Central Police Station, where he died under suspicious circumstances on June 8, 2025. Initial police claims suggested Ojwang died from hitting his head against a cell wall, but an autopsy conducted by five pathologists revealed severe head trauma, neck compression, and extensive soft tissue injuries consistent with violent assault, ruling out suicide.

The death of Ojwang sparked widespread outrage, leading to peaceful protests across Nairobi under the hashtag #JusticeForAlbertOjwang, demanding accountability and systemic police reforms. These protests, largely youth-led and peaceful, were met with violent repression, including the use of tear gas by police and the alleged deployment of hired goons to loot, rape, and disperse protesters. These actions have been reported as deliberate countermeasures to suppress dissent and instill fear among activists.

Perpetrators

I submit that the following individuals bear responsibility for orchestrating or facilitating the violent repression of peaceful protests and related human rights abuses:

1. Raila Amollo Odinga, Leader of the Orange Democratic Movement (ODM): Despite publicly condemning Ojwang’s death, credible allegations suggest Mr. Odinga’s involvement in orchestrating or tacitly supporting the deployment of hired goons to disrupt peaceful protests. His political influence within the ODM, a key player in Kenya’s coalition government, places him in a position to influence such actions, undermining the democratic rights of protesters.
2. Johnson Arthur Sakaja, Governor of Nairobi: As the chief executive of Nairobi County, Governor Sakaja oversees security operations within the city. Allegations indicate his complicity in failing to prevent or actively supporting the use of hired goons to violently disrupt peaceful protests, including acts of looting and sexual violence, which have exacerbated public unrest.
3. Deputy Inspector General Eliud Lagat: As the complainant in Ojwang’s arrest and a senior official in the National Police Service, Mr. Lagat bears direct responsibility for the circumstances leading to Ojwang’s arrest and subsequent death in custody. The transfer of Ojwang from Homa Bay to Nairobi and the inconsistencies in police accounts point to potential abuse of power and extrajudicial conduct.

Violations of the Rome Statute

The actions described above constitute potential crimes within the jurisdiction of the ICC under the Rome Statute, including:

• Article 7 (Crimes Against Humanity): The violent repression of peaceful protests, including the alleged use of hired goons to commit acts of looting, rape, and dispersal, constitutes a widespread and systematic attack against a civilian population. These acts, directed against protesters exercising their rights to freedom of expression and assembly, may qualify as murder, rape, and other inhumane acts causing great suffering.
• Article 25 (Individual Criminal Responsibility): The named individuals, through their actions or failure to prevent such crimes within their authority, may be held individually responsible for ordering, facilitating, or aiding and abetting these violations.

Requests to the ICC

I respectfully urge the Office of the Prosecutor to:

1. Initiate a Preliminary Examination: Investigate the death of Albert Omondi Ojwang in police custody and the violent repression of peaceful #JusticeForAlbertOjwang protests, focusing on the roles of Raila Amollo Odinga, Johnson Arthur Sakaja, and Eliud Lagat.
2. Pursue Indictments: Should evidence confirm their involvement, issue indictments against the named individuals for crimes against humanity under Article 7 and other relevant provisions of the Rome Statute.
3. Impose Sanctions: Recommend targeted sanctions, including travel bans and asset freezes, against the named individuals to deter further abuses and ensure accountability. These measures should be coordinated with international partners, such as the European Union, United States, and United Kingdom.
4. Conduct an On-Site Investigation: Deploy ICC investigators to Kenya to secure evidence, including forensic reports, witness testimonies, and police records, to ensure a thorough and impartial inquiry.
5. Protect Witnesses and Activists: Ensure the safety of witnesses, protesters, and human rights defenders who may face retaliation for their participation in the #JusticeForAlbertOjwang movement.

Broader Context and Urgency

Ojwang’s death is part of a broader pattern of police brutality and extrajudicial killings in Kenya, which have eroded public trust in law enforcement and governance.

The violent repression of peaceful protests further violates Kenya’s obligations under international human rights law, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.

Conclusion

The death of Albert Omondi Ojwang and the violent suppression of peaceful protests under #JusticeForAlbertOjwang represent a grave assault on human rights and democratic freedoms in Kenya. I call upon the ICC to act swiftly to investigate these atrocities, hold the perpetrators accountable, and deliver justice to the victims and their families.

Submitted by:

Francis Gaitho
On behalf of concerned citizens and advocates for justice

End of Petition

VIDEO: Revenge Attacks On Kenyan Protestors Sponsored By Raila Amollo Odinga & Johnson Arthur Sakaja 

https://youtu.be/mqJ4KG_qmCQ?si=k2eet2gdQVzmVVod