Home | News    Thursday 26 January 2012

Kenyan judge formally issues provisional arrest warrant for Sudanese president


January 25, 2012 (WASHINGTON) – A Kenyan judge on Monday formally issued a provisional arrest warrant for the Sudanese president Omar Hassan al-Bashir in line with a ruling he made late last year saying that Nairobi had an obligation to apprehend him.

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Sudanese president Omer Hassan al-Bashir

“Whereas the High Court of Kenya Hereby issues this provisional warrant of arrest against the said Omar al-Bashir and commands you, Professor George Saitoti, E.G.H., M.P., Minister of State for Provincial Administration and Internal Security and, failing you, the Minister for the time responsible for matters relating to national security, to apprehend the said Omar al-Bashir should he come to Kenya, and to surrender him to the International Criminal Court", said the warrant signed by judge Nicholas Ombija.

Ombija is the same judge who granted a motion filed by the Kenyan chapter of the International Commission of Jurists (ICJ) that sought to compel Nairobi to detain the Sudanese leader if he sets foot in the country.

Kenya is a member of the International Criminal Court (ICC) which in 2009 and 2010 issued two arrest warrants for Bashir on ten counts of war crimes, crimes against humanity and genocide he allegedly committed in Sudan’s western region of Darfur.

Despite the country’s legal obligation under the ICC’s statute, it chose to receive Bashir in August 2010 without arresting him, prompting the ICJ to move the issue to the local High Court.

Kenyan officials argue that they are bound by African Union (AU) resolutions instructing its members not to cooperate with the ICC with regard to Bashir even if they are ICC members.

They also said the move would hamper their mediation efforts between Khartoum and Juba in their ongoing dispute. This prompted Kenya’s chief justice Willy Mutunga to warn the executive branch that they should respect decisions of the judiciary.

In response to last year’s ruling, Sudan ordered Kenya’s ambassador out of the country within 72 hours and recalled its envoy in Nairobi as well. The decision was put on hold however, following a visit by Kenyan foreign minister Moses Wetangula to Khartoum with a letter from the Kenyan president Mwai Kibaki.

When he returned, Wetangula said that Bashir had wanted to evict all Kenyans in Sudan, close airspace for planes heading to Kenya and freeze bilateral trade, but this was reversed after his meeting with the Sudanese leader.

But Sudan issued a statement shortly after the visit giving Kenya two weeks to have the decision reversed or else it will proceed with sanctions as originally planned. The deadline has passed without any action on Khartoum’s part.

Last month the Sudanese ambassador to Kenya Kamal Ismail Saeed downplayed the row further saying that the judge’s ruling will not affect bilateral relations and that his country is determined to strengthen ties further in all areas.

Kenya’s attorney general said last month that the government appealed the judge’s order based on its conviction that Bashir, as a sitting head of state, enjoys full immunity under international law from criminal prosecution.

This week the appellate chamber was expected to make a procedural decision on a preliminary objection raised by ICJ stating that the Attorney General is not the proper representative of the Kenyan government in criminal cases such as the one involving Bashir.

But the concerned judges were reportedly out in the city of Mombasa and will set a new date for their ruling on the matter which does not relate to the heart of the government’s appeal in the case.

Kenyan official expect that the case could last a year with a possibility that it could reach the Supreme Court.


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Bashir arrest warrant issued by Kenya High Court
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Letter to Minister of State for Provincial Administration George Saitoti
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  • 26 January 2012 09:43, by Lang

    mungu awabariki kenya

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    • 26 January 2012 09:55, by Lang

      Kenya is Great.
      We should follow the Kenya’s and have arrest warrant for the terrorist as well.

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    • 27 January 2012 05:35, by Darkangel

      The Judge was bribed by the GOSS and paid for by the Americans in 2 installments of $300,000. He will soon be issuing arrests warrents for more people like Defence Minister and Ahmad Haroun for similar fees.

      Watch and see ...

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  • 26 January 2012 10:02, by mosa mel

    Tell Bashier this court is Kenya supreme court where president has no power but law. But court in Khartoum is Bashier supreme court where nobody has decision accept Bashier.

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    • 26 January 2012 10:07, by John Bang

      Let the ICC stick on rules of law to bring that thiefs Basier to ICC immediately.

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      • 26 January 2012 11:31, by tutchagor

        thank John Bang
        according to law, laws said that it is not die nor leave you out of verdict. To me, he will face trial one day one time I’am sure.

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      • 26 January 2012 13:03, by Ruach

        Bravo Kenya!This law will take Bashir to hell.He will compete with some presidents leading Sudanese in the hell.The world president in the hell now is Bin Ladden!He is ambassidor to the earth from the hell sent by Bin Ladden and thus will be called very soon in their country called hell

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  • 26 January 2012 10:07, by Observor Mission

    Bravo the president of the high court of Kenya for taking that courageous decision of issuing arrest warrant for the arrest of Bashir. Bashir is a criminal and he must not be allowed to step neither in Kenya nor South Sudan. We will arrest him and hand him to Morin Ocambo. We don’t need any thing from him. Let Bashir go to hell.

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    • 26 January 2012 10:45, by Dau-arok

      you are right brother, let president of the rebulic of sudan,Bashir go to the court.for his criminals against Darfur people.

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  • 26 January 2012 11:13, by Daniel Buolmawei

    Laws are now begin to have meaning in Africa. All the laws we have beening having are just in papers and not in practice. When you see laws in practice in Africa, it might be when they are in protection of the interests of political elites and tryants. Now, Kenyan court is paving the way to make laws have meaning and service. Great job.

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  • 26 January 2012 13:40, by kuac Agol

    That is another confusion being done by Kenyan judge.

    Do they know that S. Sudan is depending on it own rather than jump all the way from Kenya to be involved into the problem which you will be zero precent for them to participate.

    Ruto is very near to you and his case is behond your nose,Bashir is crimnal and big for you to hand his case .Ocampo is very quite now ,please save your time

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  • 26 January 2012 15:30, by AUGUSTINO DENG

    If Omar Bashir is arrested,then Salva Kiir Miyardit should be arrested too. Omar Bashir knows what he is doing.The Kenyan judge voiced the arrest of Omar Bashir because they have signed a "Memorandum on construction of oil pipeline" with the Southern Sudanese ministers just two days ago in order to make Southern Sudanese people believe that Kenyan government is doing the right job to South Sudan.

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    • 26 January 2012 16:53, by john agoet


      please explain your self ! what is a relation between Omar Bashir arrest order,to Salva Kiir?.. how you argued that?
      What I know about Omar Al Bashiris he is a murderer by the certificate of ICC he killed 2.5 Millions southern Sudanese and 300.000 darfurian and few thousands in southern Kordofan and southern Blue Nile and stil ordering his forces to kill more people

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    • 26 January 2012 19:47, by Mototo

      @ Agustino Deng;

      Dear Son of Bitch;

      Please Explain fully why Mr. Salva Kiir should be taken to ICC?

      If you don’t explain it fully then you need to be fuck by me!!


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  • 26 January 2012 19:41, by Tamongali

    The question is why Kenya chosen this particular time to issue warrant of arrest to Basheer.Why did they allow him to visit Kenya and to come home safely.why did they mediate for AL bashir to meet Salva.Do you want to tell me that kenyan judiciary is an independent body practically.( i doubt)

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    • 27 January 2012 05:38, by Darkangel

      The Judge was bribed by the GOSS and paid for by the Americans in 2 installments of $300,000. He will soon be issuing arrests warrents for more people like Defence Minister and Ahmad Haroun for similar fees.

      Watch and see ...

      The Americans have a dirty plan for Sudan, it involves humanitarian crisis in kordufan blue nile, rebels, cutting oil & fees and isolating Sudan from africa.

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    • 27 January 2012 05:55, by NgorKur Mayol Chier

      To me, I think this judge from Kenya is very cunning with of an idea for president Bashir to be warn for the warrant arrest. By the way, I want to know who has been authority this call between ICC and the Kenyan government. I ask this question because I didn’t know if this interest only came from the judge alone or it has been coordinated by both two countries to accept the arrest warrant.

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  • 27 January 2012 22:49, by Ngundeng jr

    I dont take ICC seriously as it is a creation out of the slave masters tool box otherwise Bush and Cheney would have been cellmates with Bashir by now.However Bashir is too evil to be walking free in this world (they can have him).

    Kenyans are smelling the oil money already,they are serious about this warrant.

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