Former Law Society of Kenya chair Faith Odhiambo has warned that Kenya could be facing a serious rule-of-law crisis after human rights group VOCAL Africa asked the International Criminal Court (ICC) Prosecutor to monitor the country over concerns about political violence, attacks on civilians, and the treatment of protesters and journalists.
Odhiambo said the decision by a Kenyan rights organisation to turn to The Hague should not be dismissed, arguing that it points to growing doubts over the ability of local institutions to prevent and deal with political violence as the country heads towards the 2027 General Election.
“When a local human rights group must write to The Hague to ask that Kenya be watched, that is not just advocacy. That is a confession of state failure,” she said in a statement posted on her X account on Thursday.
She said VOCAL Africa’s request under Article 15 of the Rome Statute raised questions about the level of confidence Kenyans have in institutions responsible for protecting citizens and enforcing the law.
“The very act of appealing to the ICC Prosecutor under Article 15 signals that our domestic institutions, including police, prosecutors, courts, and oversight bodies, are no longer trusted to prevent or punish political violence before it spirals,” Odhiambo highlighted.
VOCAL Africa’s move comes as the organisation continues its wider campaign on human rights, accountability and protection of civic freedoms in Kenya.
The group has in recent months raised concerns over alleged pressure on activists, attacks targeting civic actors and what it says is the use of state institutions or political influence to silence dissent.
It has also criticised the use of anti-terror laws against activists and raised concerns over what it describes as shrinking civic space across East Africa.
The organisation has separately taken legal action over the conduct of political leaders holding constitutional offices. In July, it filed a constitutional petition challenging the involvement of National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi in partisan political activities while serving in their respective offices.
The High Court initially issued conservatory orders limiting the two Speakers from using the authority and influence of their offices in partisan political campaigns. The case was later dismissed after the court found that other available legal avenues had not been exhausted.
VOCAL Africa has also campaigned over alleged attacks on human rights defenders and other civic actors, including concerns about political violence and the reduced space for peaceful activism. Its recent publications have touched on issues such as state repression, internet shutdowns and youth-led protests.
Odhiambo said the organisation’s decision to seek the attention of the ICC should be viewed within that wider record of concerns over accountability and the protection of civil rights.
“This letter lands at a moment when organised goon squads are attacking civilians, journalists, and protesters with growing impunity, and when inflammatory rhetoric from political leaders is met with silence or selective enforcement.”
She also cited concerns raised by the Kenya National Commission on Human Rights, saying the commission had condemned rising intolerance and violence as well as the alleged use of criminal gangs to intimidate people and disrupt rights.
Odhiambo argued that approaching the ICC was a response to what she described as weaknesses in Kenya’s own accountability systems.
“The VOCAL Africa move to The Hague is the logical next step when national mechanisms appear unwilling or unable to act,” she said.
She, however, clarified that the appeal does not seek immediate action by the international court against Kenya.
“The request is not for intervention. It is for observation, preservation of evidence and early warning to those who might order, finance or protect violence,” she said.
According to Odhiambo, the development should instead push the Kenyan government to strengthen its own institutions and show that it can protect citizens and enforce the law, rather than treating the ICC appeal as an attack on the country’s sovereignty.
She warned against allowing political violence to become normal as the 2027 election draws closer.
“We cannot normalise this. If the price of sovereignty is silence while citizens are attacked and institutions look away, then we have already lost,” she said.
The former LSK chair called on the state to prove that it can protect citizens, uphold constitutional rights and take action against those responsible for political violence.
“The state must either demonstrate it can uphold the law, or accept that the world will watch, record, and one day hold accountable those who failed,” she said.