Bashir’s Presence at Kenya Fete Draws Anger

By Henry Neondo and Peter Omondi

As Kenya marked the birth of their new nation, one guest however seemed unwelcome----at least in the eyes of the international community and the human rights defenders. The guest was Sudan’s President Omar Hassan Al-Bashir who made a surprise visit to the country to witness the country’s historic moment.

Reacting to Bashir’s presence at the Uhuru Park, the venue of the promulgation of Kenya’s new constitution, Human Rights Watch sent a protest note to the government and urged for the arrest of President Al-Bashir.

“Kenya will forever tarnish the celebration of its long-awaited constitution by the presence of the international fugitive at the festivities,” said Elise Keppler, senior counsel in the International Justice Programme at Human Rights Watch, adding that Bashir’s presence brings to doubt Kenya’s commitment to cooperate with the International Criminal Court (ICC).

But Kenya’s Foreign Affairs minister Moses Wetang’ula said the government has no intentions of arresting  Al-Bashir.

“He is here in response to our invitation to all our neighbours and the sub-region to attend this historic moment for Kenya,” said  Wetang’ula.

“He is a state guest. You do not harm or embarrass your guest. That is not African,” the minister added in response to queries.

Bashir arrived at Uhuru Park at exactly 9.16 am escorted by Kenya’s Tourism minister Najib Balala.

President Bashir is subject to two arrest warrants issued by the ICC for atrocities he allegedly perpetrated in Sudan’s western Darfur region.

The first warrant against him was issued in March 2009 on charges of war crimes and crimes against humanity. The second was issued in July 2010 on charges of genocide.

Human rights groups in Kenya including the government’s own watchdog, the Kenya National Commission on Human Rights (KNCHR), condemned Bashir’s invitation especially on a day Kenya was supposed to show the world that it had done away with impunity.

The Pre-Trial Chamber I of the ICC issued two decisions informing the Security Council of the United Nations and the Assembly of States Parties to the Rome Statute about Bashir’s visits to the Republic of Kenya and the Republic of Chad in order for them to take any measure they may deem appropriate.

“The Chamber had learnt that Al Bashir was invited by the Government of Kenya to attend today’s celebrations for the promulgation of the new Kenyan Constitution and was in Chad from 21 to 23 July”, said a statement posted on ICC’s website. 

“The Republic of Kenya and the Republic of Chad have an obligation to cooperate with the Court to enforce the warrants of arrest issued against Al Bashir by the ICC”.

The ICC Registrar was ordered to immediately transmit these decisions to the Security Council and to the Assembly of States Parties. Previously, pursuant to the Pre-Trial Chamber decisions issuing two warrants of arrest against Omar Al Bashir, the ICC Registrar had issued and transmitted requests for arrest and surrender of Mr. Al Bashir to all States Parties to the Rome Statute, including the Republic of Kenya and the Republic of Chad.