Home | News    Tuesday 29 November 2011

Kenya-Sudan relations veering towards a breakdown after court decision on Bashir’s arrest

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November 28, 2011 (KHARTOUM) – The Sudanese government on Monday night took the surprise step of asking the Kenyan ambassador in Khartoum to leave the country after a High Court judge in Nairobi ordered the government to arrest president Omer Hassan al-Bashir.

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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)

Bashir is wanted by the International Criminal Court (ICC) based in The Hague since 2009 on ten counts of war crimes, crimes against humanity and genocide he allegedly masterminded in Sudan’s western region of Darfur.

African nations rallied behind Bashir and the African Union (AU) issued several resolutions directing its members not to cooperate with the court in apprehending the Sudanese leader.

Kenya, an ICC state party, allowed Bashir in August 2010 to visit drawing strong rebuke from Western nations and rights groups. It also angered the Orange Democratic Movement (ODM) headed by Prime Minister Raila Odinga which shares the coalition government with arty National Unity (PNU) led by president Mwai Kibaki.

In November 2010 the Kenyan High Court received a request from the local chapter of the International Commission of Jurists (ICJ) seeking to compel the government to execute the arrest warrant against Bashir should he visit again.

The court today dismissed the government’s argument that the ICJ has no standing to make such a request.

“I am satisfied that the applicant (ICJ-Kenya) has locus standi [the right to appear before a court] to seek the orders because Kenya is obligated to arrest him being a member state to the Rome Statute,” Judge Nicholas Ombija said in his ruling.

"The matter raised by the applicant and the orders sought are justifiable.... The application is thus tenable in law. I grant the orders sought and direct the minister of internal security to arrest President Bashir should be set foot in Kenya in future," Judge Nicholas Ombija said in his ruling.

Kenyan media on Tuesday quoted the foreign minister Moses Wetangula as being critical of the ruling, describing it as a "judgment in error" that "clearly shows the insensitivity of the court to international relations".

It is not clear if the Kenyan government intends to appeal today’s decision.

The ICJ has applauded the ruling and warned that President Kibaki and Attorney General would be in contempt of the Kenyan Courts and the Rome Statute if they did not comply.

"If the government does not execute this court warrant, it will not only be failing in its obligations as set out in the Rome Statute but also putting unnecessary and undue strain on the already bruised human rights records of the country after post-election violence serious crimes," said ICJ Deputy and Programmes Director Mwaura Nderi.

Sudan initially sought to downplay the court’s decision saying it will not affect its bilateral ties with Kenya and that it was more related to internal politics on dealing with the ICC.

"The bilateral ties are deeply-rooted and are governed by the charter of the African Union. We are waiting for the outcome of the contacts between Khartoum and Nairobi," Sudanese foreign ministry spokesperson Al-Obaid Marawih said at a news conference on Monday.

The foreign ministry in Khartoum also said that the court’s decision is closely linked to successes achieved by Bashir in visiting other countries including state parties like Kenya.

The statement went on to say that the ICC prosecutor has failed to convince the member states in the Rome Statute of arresting Bashir and other figures wanted by the court including those in relation to the Libya situation.

In separate statements to the London-based al-Sharq al-Awsat newspaper Marawih cleared the Kenyan government from responsibility for the court’s decision.

“It is difficult to say that the decision [is coming] from the state, but a court’s decision, and the prosecutor is not the executive, but the call was from the Kenyan branch of a European organization” Marawih said.

He added that a group of activists previously tried to persuade the Kenyan government and pressure it to adopt a political decision, and when they failed they sought a judicial ruling.

But in a matter of hours Khartoum decided to take a tougher stance.

“The Sudanese government has ordered the Kenyan ambassador to leave the country within 72 hours” Marawih told Agence France Presse (AFP).

“They have also ordered the Sudanese ambassador to leave Kenya and return to Khartoum,” he added.

An opposition leader in Sudan suggested to Sudan Tribune that Bashir may have personally ordered the expulsion.

“Now Bashir is in charge, he reacts and doesn’t think and nobody can dare to talk him off, especially when it comes to himself and the ICC,” said the opposition figure who asked not to be named.

(ST)

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  • 29 November 2011 08:03, by Chier Akueny

    Hello, it is something very nice for Kenya to have considered the arrest of tyrant leader of Sudan, AlBashir. Otherwise, Sudan will remain good and settle if they arrest this crook leader, so that he leaves this African country for African but not to Arabize it as it is the case now.

    In the name of Allah, Bashir must go for sure.

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    • 29 November 2011 08:20, by Master

      Chier Akueny - you are confused. First, it was not the Kenyan government that issued or requested this. Its the Europeans telling you dumb africans what to do and you saying ’yes master’. Second, you think Bashir is arabising sudan. North Sudan is Arab you idiot. So is 25% of South Sudan. Muslim and speak arabic.
      http://www.bbc.co.uk/nol/shared/spl/hi/world/10/sudan/img/sud_ethnic.gif

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      • 29 November 2011 08:23, by Master

        Look at this map. You ignorant bigots can stop saying arabs should leave Sudan. They are majority and they will decide how to run the country. You split and the 2 million of you living in the North left. leave it that way and mind your own buiseness. Maybe the Neur, Shiluk and Zandi should tell the Dinka’s to go back the kenya (massai’s).

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        • 29 November 2011 09:02, by Peter Marko

          To Abied so- called: master
          So,you claim yourself to be an Arab. Anyway, Arab got nothing to be proud of. They are known all over the world for being terrorists and gays.FYI, the arabization of Sudan is not recognized by the all the Arab countries, not to mention the Arab Gulf states. All Arabs call you, the northerners, Abied. So,go and let yrself be Fu***d by yr faked cousins,u faggy.

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        • 29 November 2011 09:09, by Yanga Wani

          Mr. Master tell your leader ""Bashir" to looks for power drill now. Let him dig a tunnel from Khartoum upto Saudia Arab now before a night get darker. Please don’t waste your time name South Sudanese tribes. We already know your games of using some tribes against some in the South Sudan.
          Thanks,
          YANGA WANI

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        • 29 November 2011 11:48, by eye-of-an-eye

          Look at this stopid ignorant call Master, you can’t utter a word about Sudan, coz you know nothing about it. I dont want to put you into a shame, we know only small percentage of arabs we hosted as refugees in Sudan(land of Black people) Kenyan have right to ignor any evil person in their teritory.
          Lets wait only for 6 month and see what will happen in Sudan, I swear to God you will see the realit

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      • 29 November 2011 09:30, by Daniel Buolmawei

        Are you saying only Europeans are people who know evil and how to correct it? What about us Africans? Don’t you think we what’s evil and how to correct it. Al-Bashir is evil and must be condemned by any justic people without European influences. I know you hypocrits have nowhere to hide.

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      • 29 November 2011 10:37, by PanKon

        Master,
        See how you response! Persistence in saying Arabs are the majority does not hold water. What statistics do you have to justify this silly claims?
        One do wonder what Arabs you idiot telling was now. You better stop fol’wing Arabs of Peninsular and accept the fact that you’re Africans.
        veering relations with Kenya is not in any form a foreign policy. Ur sick president’ll soon bury ur c’tr

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      • 29 November 2011 12:12, by pabaak

        Master your blind support for world class criminal will drive you to nowhere, you need to admit that no President been indicted and did not appear before the ICC court, the former of Yuskalavia, Moltovish, and Charles tylar of Liberia, all are now are serving their charges in Hague, no matter how he dodge the ICC, he still have nowhere to go, also speaking Arabic does make you become an Arab.

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  • 29 November 2011 08:14, by Land-of-Cush

    This man Omar El Bahsir is a dead body who wait for his excavation.

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  • 29 November 2011 08:18, by Madina Tonj

    Well, the things are coming to the point now. Gaddafi was the one who bribe AU in order to keep Omar al Bashir continues lead the rest of Sudanese left from genocides unfortunately, the protecter heaven Gaddafi gone.Now the indictment want to make Iran as a safe heaven but all safe heavens is not going to work. This is the time for all African leaders to distancing themselves from criminal wanted.

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    • 29 November 2011 09:43, by Xeno

      Guys

      Beshier days are numbered, and he will be buried in unknown place like Gadafi such that faggots like Mr. Master don’t enshrines his dirty tomb...

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      • 29 November 2011 12:42, by Lorolokin

        Xeno ,

        Stop comparing Gaddafi to Basher coz Basher is a wanted fugitive and Gaddafi is a clean handed state man who even reached to the extend of helping us Southerners during the struggle. do you know this ?
        Kinkak

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    • 29 November 2011 09:51, by Mangokdit

      God is greate,yes it is now time for Bashir,becoze Gadfi has gone but make sure, bashir there is no where you will go,you can’t atempt to come to the south.master you’re out of your mine let bashir fack your mother too, if you love him.

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  • 29 November 2011 11:00, by Sudan virus

    Well done Nicholas!

    Hope other African countries which used to protect this criminal will do the same.

    Arrest this impotent president and hang him! He is destroying the future of not only the Sudan but also bordering countries or Africa as a whole,as far as international relationship is concerned.

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  • 29 November 2011 11:43, by philipdit wol

    Wow!, time has comes for Bashir. But do we believes in saying rather than action?.please Hague court perescutor in any community there must be a"Bad sheep". how ever Bashir should be eliminated as soon as possible.

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  • 29 November 2011 12:49, by Lokorai

    Kenya should have stayed away from the European bully project. It is wrong for an African country to sing the tunes of the imperialists.

    Al Bashir shouldn’t be arrested by man/woman born in this continent; let the West first arrest the Blairs, the Bushes and the likes.

    Lokorai

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  • 29 November 2011 15:42, by lola

    The government’s position was very courageous on this issue.
    boutique grande taille

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  • 29 November 2011 16:45, by kitir

    shortly we expect other African states follow the example since beyond this court decision leis many hiden agenda by international orgs , powerful state who knows this step my be the begining new spring in african style, the biggest looser from the stagination with Kenya is NCP, by giving it the green light to conveince other stats to react in same way,to isolate the bashir’s murdrous, brutal regi

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  • 30 July 2012 18:30, by danaray79

    I am really impressed by this blog! Very clear explanation of issues is given and it is open to everyone. thanks for posting this work of yours..this is very good! Buy Essay.

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