Sudan’s Bashir gives Kenya two weeks to withdraw warrant
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December 2, 2011 (KHARTOUM) – The Sudanese president Omer Hassan
al-Bashir agreed to stay the expulsion of the Kenyan ambassador for
only two weeks after which punitive measures will proceed.


Sudanese president Omer Hassan al-Bashir (AFP)In a statement released
late on Friday night, Bashir is said to have made the decision
following his meeting with Kenyan foreign minister Moses Wetangula on
Thursday with a letter from President Mwai Kibaki.

Kenya is trying to contain the row that erupted after a local high
court judge ordered the government to arrest the Sudanese leader
should he ever set foot in the country. The ruling also faulted the
Kenyan government for failing to apprehend Bashir when he visited last
year.

Bashir is wanted by the International Criminal Court (ICC) for war
crimes, crimes against humanity and genocide he allegedly masterminded
in Sudan’s western region of Darfur.

Kenya is an ICC member but said that the African Union (AU) decisions
ordering its members not to cooperate with the court in apprehending
Bashir overrules its obligation under the Rome Statute.

Following the judge’s decision this week, Sudan expelled the Kenyan
ambassador and recalled back its own from Nairobi.

The Kenyan foreign minister said today in Nairobi that his visit
helped reverse the expulsion and prevent other measures that were not
publicly announced by Khartoum.

"Sudan had set out a raft of reprisals against Kenya that would have
had a negative effect on our economy and country ... We were able to
stop these," Wetangula said.

Wetangula said Kenya would also have lost a key market for its tea,
coffee and other products if the row had continued. Sudan bought tea
worth $200 million from Kenya last year, but its exports to Kenya were
negligible, he added.

The Kenyan foreign minister said Bashir had ordered that all flights
by any airline taking off or destined to Kenya would not be allowed to
fly through Sudan’s air space.

Bashir also instructed all trade ties between Khartoum and Nairobi
severed, and that all Kenyan nationals in Sudan - who he estimated at
about 1,000 - be expelled immediately. The Sudanese president also
ordered that all Kenyan troops serving in a United Nations peace force
in Darfur be expelled from Sudan, said the minister.

Sudan Tribune has not been able to verify that Bashir has indeed
imposed any sanctions besides pulling envoys.

But Sudan appeared to pour a cold shower on Wetangula’s remarks in
their press release today asserting that the reversal is only
temporary.

“The President of the Republic Field Marshal Omer al-Bashir decided to
delay the expulsion of the Kenyan ambassador to Khartoum and recalling
the Sudanese ambassador from Nairobi for two weeks, following his
receiving yesterday evening of Kenyan Foreign Minister as an envoy of
President Mwai Kibaki” said the statement.

“Bashir told the Kenyan presidential envoy that Sudan expects that the
state opposes the Kenyan court’s decision itself because it is
contrary to international and regional obligations and hurts its
direct interests particularly with Sudan”.

The foreign Ministry said that “Sudan will wait for a period of two
weeks to give an opportunity for Kenya’s effort to contain the issue
and take the measures required, but will have no choice but to move
forward in steps, which began by expelling the ambassador of Kenya and
the withdrawal of its ambassador in Nairobi”.

Kenyan officials have slammed the High Court order and vowed to appeal.

However, foreign ministry sources told Sudan Tribune today that Bashir
expects Nairobi to scrap the arrest warrant altogether within the next
two weeks and not simply file an appeal.

The top diplomat in Kenya have appeared to challenge the court’s order
saying that Bashir will lead Sudan’s delegation into Intergovernmental
Authority on Development (IGAD) summit that could be held “in Kenya or
elsewhere”.

But the Kenyan Chief justice Willy Mutunga issued a statement
yesterday warning the government against any attempts to undermine the
independence of the judiciary.

“To choose not to obey court orders is to overthrow our Constitution.
Court orders apply universally to ordinary citizens, corporations,
members of the Judiciary, Executive and Legislature. If a country
chooses to live by anarchy, it must be ready to face the consequences
of disregarding the law,” Mutunga said in a statement carried by
Kenyan media.

"I urge all Kenyans and institutions of Government to adhere to the
provisions of our institution and abide by the rule of law. The
Constitution provides avenues to be followed where individuals or
institutions are aggrieved by judicial decisions" he added.

"The Judiciary and its officers will not be intimidated to bend the
law," Mutunga warned.

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