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An ICC petition against Tanzania's President over post-election violence triggers alarm in Kenya, disrupting cross-border trade and raising regional stability concerns.
A coalition of international lawyers and human rights organizations has filed a formal petition with the International Criminal Court (ICC), accusing Tanzanian President Samia Suluhu Hassan and senior security officials of crimes against humanity. The complaint, submitted to the office of ICC Prosecutor Karim Khan on November 13, 2025, follows a violent state crackdown on protests against the disputed general election of October 29, 2025.
The petitioners, including the World Jurists Association and the Madrid Bar Association represented by lawyer Juan Carlos Gutierrez, allege a "widespread and systematic attack" against civilians. The 85-page document details accusations of murder, enforced disappearances, torture, sexual violence, and persecution. Opposition parties and human rights groups claim that security forces used live ammunition on unarmed protesters, leading to hundreds of deaths. The main opposition party, Chadema, reported that around 700 people were killed in the three days following the election. The United Nations Human Rights Office stated it had received credible reports of at least 10 deaths and expressed alarm over the violence and allegations of security forces removing bodies to conceal evidence.
The unrest erupted after the National Electoral Commission declared President Hassan the winner with a contested 98% of the vote. Major opposition candidates had been disqualified or jailed prior to the polls. The Tanzanian government has denied the scale of the killings, with army chief General Jacob Mkunda labelling the protesters as "criminals". President Hassan has vowed to safeguard the nation's peace "through all means and at all cost," accusing foreign actors of fueling the unrest.
The crisis in the neighbouring country has had immediate repercussions for Kenya, disrupting vital economic and social ties. The Kenya Association of Manufacturers (KAM) raised concerns on November 4, 2025, over the instability, highlighting that Kenya exported goods worth Sh67 billion to Tanzania in 2024. KAM CEO Tobias Olando warned that the chaos was preventing Kenyan businesses from accessing the Tanzanian market.
Cross-border trade at key points like the Namanga and Taveta-Holili borders has been severely affected. Traders and boda boda operators have reported harassment and arbitrary restrictions from an increased presence of Tanzanian security forces, stalling commerce. The instability has also led to the death of at least one Kenyan national, identified as teacher John Okoth Ogutu, who was reportedly shot and killed in Dar es Salaam on October 29. Two other Kenyans were reportedly injured by gunshots at the Namanga border. Kenyan civil society groups have joined the call for an ICC investigation into the alleged atrocities.
Regional bodies have responded with differing levels of condemnation. Observer missions from both the African Union (AU) and the Southern African Development Community (SADC) concluded that the election did not meet democratic standards, citing irregularities, an intimidating atmosphere, and an internet shutdown. The AU's report noted that the environment was "not conducive to peaceful conduct or acceptance of results." However, the AU Commission Chairperson, Mahmoud Ali Youssouf, also congratulated President Hassan on her victory while simultaneously regretting the loss of life.
In contrast, the East African Community (EAC) has been criticized for its muted response. Its observer mission's preliminary statement praised logistical preparations but omitted mention of the widespread violence and irregularities reported by other observers, a silence analysts fear could undermine the bloc's credibility.
As Tanzania is a signatory to the Rome Statute, which it ratified on August 20, 2002, the ICC has jurisdiction over crimes committed on its territory. The petition filed under Article 15 of the statute urges the prosecutor to open a preliminary examination to determine if there is a reasonable basis to proceed with a formal investigation. The petitioners argue that such an intervention is necessary because Tanzania's domestic institutions are "unwilling and unable" to deliver justice. As of late November 2025, the ICC's Office of the Prosecutor had not publicly confirmed whether it would launch a preliminary examination. The process from petition to potential investigation and indictment is typically lengthy and subject to rigorous legal review. Protesters have demonstrated outside the ICC headquarters in The Hague, urging the court to take action.
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