Sudan’s Bashir heading to Kenya next week for Kenyatta’s inauguration: report

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April 7, 2013 (KHARTOUM) – The Sudanese president Omer Hassan
al-Bashir will fly out to Kenya on Monday to participate in the
inauguration ceremony of Uhuru Kenyatta as new leader of the East
African nation, a newspaper reported today.


FILE - Sudanese President Omer Hassan al Bashir arrives at the
promulgation of Kenya’s New Constitution at the Uhuru Park grounds on
August 27, 2010 in Nairobi (AFP)
The pro-government newspaper Akbar al-Youm newspaper also said that
Bashir will head from there to Chad on Tuesday to attend the Green
Belt conference which was rescheduled last month.

Bashir’s planned trip to Kenya comes despite an arrest warrant issued
for him by the International Criminal Court (ICC) on charges of war
crimes committed in the Darfur conflict which broke out in 2003.

Hypothetically Kenya, a state party to the ICC statute, has a legal
obligation to arrest the Sudanese leader should he set foot in the
country.

But the government of Kenyan president Mwai Kibaki allowed Bashir to
attend the promulgation of Kenya’s new constitution in August 2010
drawing wide domestic and international criticism.

This has prompted the Kenyan chapter of the International Commission
of Jurists (ICJ) to move the issue of Kenya’s non-compliance to the
local High Court.

A local Kenyan judge ruled on the complaint in November 2011 by
ordering the government to apprehend Bashir should he visit again and
issued a provisional arrest warrant for the Sudanese president.

The ruling infuriated Bashir who expelled the Kenyan envoy and gave
Nairobi two weeks to reverse the decision before imposing sanctions.

The government in Nairobi convinced Khartoum that it would appeal the
decision which it did a few weeks later. The appellate court refused a
request by the government to suspend the warrant against Bashir and
ordered that it stays in effect until the appeal is fully heard.

It is not clear when a decision might be made on the case.

Ironically the Kenyan president-elect himself is awaiting trial at the
ICC for his alleged role in the post-election violence of 2007.
However, unlike Bashir he has cooperated with the court throughout the
process and signaled he will continue to do so even after his
election.

In an op-ed published this week Steve Lamony from the Coalition for
the International Criminal Court (CICC) accused Nairobi of seeking to
undermine the ICC work using various legal and political tactics.

Last February the outgoing Kenyan ambassador in Sudan Robert Ngesu was
quoted by the pro-government al-Rayaam newspaper as saying that Bashir
is welcome to visit "at any time".

(ST)

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