Does Kenya Kwanza, Azimio cry for outside help hold water?

Azimio claimed that Koome established a special squad of rogue police officers to terrorise its supporters during the anti-government demonstrations.

The opposition further alleges that the police made deliberate attempts to assassinate Raila on April 3, in Pipeline, Embakasi South constituency, Nairobi.

Similarly, the Kenya Kwanza Alliance is mooting a counter suit at the ICC against Raila, accusing him of leading mass destructive demonstrations that led to deaths during the two weeks of protests last month.

ODM Secretary General and Nairobi Senator Edwin Sifuna said taking matters to ICC is as per the law given that Kenya ratified the Rome statute in 2005 allowing the court to exercise jurisdiction over crimes committed in the country or by citizens.

The Senator contended that the country's security apparatus cannot be trusted because they have not taken responsibility for the innocent demonstrators who were injured, and no one has been arrested for stealing and destroying property at the farm of retired President Uhuru Kenyatta's family.

Prof Ben Sihanya argues that President William Ruto's administration has all the government apparatus and resources to solve the problems bedevilling the country and need not escalate domestic issues internationally.

"If you had a government that follows the Constitution, a lot of these issues can be resolved," said Prof Sihanya.

The University of Nairobi law lecturer, however, says the opposition has grounds for escalating the matter to the ICC given that Kenya ratified the Rome statute in 2005 and its association with the international court is recognised in law.

"The opposition are within their rights to say these guys are not listening and because they have no other way, they have to appeal to the international community," he said.

The University of Nairobi lecturer and political commentator Herman Manyora also faults the government, saying that they have no grounds to call for sanctions on Raila since he is a private citizen and has no army.

"They have no basis or ground unless they have criminal charges that meet the international threshold," said Manyora.

He, however, said Azimio may have legitimate grounds to take their issues to the ICC, citing the government's alleged use of excessive force during demonstrations and failure to take action against rogue elements within the security forces.

"What Azimio is doing is strictly within the provisions of the Constitution and there is no evidence that they have encroached on other people's rights," he said.

However, constitutional lawyer Bobby Mkangi argues that the two sides are playing political optics when it comes to roping in the international community on the domestic issues.

"The use of the international institution is more for attention than the search for a solution," said Mkangi.

"If the government has evidence Raila is guilty of what they told the international community, why haven't they arrested him? And has the opposition exhausted all local systems before going to the ICC?"

Mkangi contends that it's a little early for such matters to go international if the local systems have not been exhausted.

Despite the planned bipartisan talks between the government and the opposition, Raila has hinted at return to demonstrations, claiming Kenya Kwanza has shown no intention to hold honest dialogue.