Senior lawyer and former Attorney-General of Kenya, Prof Githu Muigai, has been appointed as the lead defence counsel before the International Criminal Court (ICC) in the case involving former Libyan prison director Osama Elmasry Njeem.Prof Muigai, who is widely known for his strong legal background and experience in international law, will now represent Osama, also known as Osama Almasri Njeem, as he faces serious charges linked to alleged crimes committed in Libya.
The case focuses on accusations connected to Mitiga Prison in Tripoli, Libya’s capital, where thousands of people were reportedly detained for long periods under harsh conditions. According to the ICC, Osama is accused of overseeing detention facilities where prisoners were allegedly subjected to severe abuse and mistreatment.
The charges against him are serious and include crimes against humanity and war crimes. Prosecutors say the alleged offences include murder, torture, rape, sexual violence, persecution, and other inhumane acts.
These crimes are said to have taken place from February 2015 onwards.The ICC says its Pre-Trial Chamber I issued a warrant of arrest for Osama on January 18, 2025, after finding reasonable grounds to believe that the crimes were committed at Mitiga Prison.
The court believes that the offences were either carried out directly by him, on his instructions, or with his support through members of the Special Deterrence Forces, commonly known as RADA.Victims were allegedly targeted for different reasons, including their religious beliefs, what was seen as immoral conduct, suspected homosexuality, and alleged connections to rival armed groups.
These accusations form part of wider investigations into human rights violations in Libya during years of conflict and instability.
After the arrest warrant was issued, the ICC worked with several member states and also requested INTERPOL to issue a Red Notice to help locate and arrest him.
Osama was later arrested in Turin, Italy, on January 19, 2025, after authorities traced him to Europe.
However, he was released from custody just two days later, on January 21, and returned to Libya. Reports indicated that this happened without prior consultation or coordination with the ICC, raising questions from the court.
The ICC has since asked the relevant authorities for clarification on how and why he was released despite the outstanding warrant.
This case is part of the ICC’s investigation into the situation in Libya, which began after the United Nations Security Council referred the matter to the court in 2011.
The court has been handling several cases linked to alleged war crimes and crimes against humanity committed during the conflict.
Prof Muigai’s appointment places a Kenyan legal expert at the center of one of the ICC’s major international cases. He previously served as Kenya’s Attorney-General and has built a strong reputation as a legal scholar and senior counsel.
During his time in government, he was also connected to ICC matters involving Kenya through legal representations and state applications related to the cases against former President Uhuru Kenyatta and current President William Ruto.
His role in this new case is expected to draw attention both in Kenya and internationally, given the seriousness of the charges and the global importance of ICC proceedings.
