Kenyan ambassador in Sudan says Bashir is welcome to visit "at any time"



February 21, 2013 (KHARTOUM) – The outgoing Kenyan ambassador in Sudan
Robert Ngesu affirmed his country’s solidarity with Khartoum against
the International Criminal Court (ICC) saying that president Bashir is
welcome to visit "at any time".
FILE - Sudan’s President, Omer Hassan al-Bashir attends the
promulgation ceremony of Kenya’s new constitution in Nairobi on August
27, 2010 (TONY KARUMBA/AFP/Getty Images)
Bashir has been indicted by the Hague-based court over allegations he
is responsible for the deaths of up to 300,000 people in Darfur since
2003. He has denied the charges.

In an interview with the pro-government al-Rayaam newspaper, Ngesu
dismissed a ruling by a Kenyan judge ordering the government to arrest
Bashir.

He was referring to the decision of Judge Nicholas Ombija in November
2011 that Bashir should be apprehended "should he set foot in Kenya in
future."

Kenya is a member of the Hague tribunal which in 2009 & 2010 issued
two arrest warrants for Bashir on ten counts of war crimes, crimes
against humanity and genocide.

Despite the country’s legal obligation under the ICC’s statute, it
chose to receive Bashir in August 2010 without arresting him prompting
the Kenyan chapter of the International Commission of Jurists (ICJ)
afterwards to move the issue to the local High Court.

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

The ICJ sought a ruling to compel Nairobi to detain the Sudanese
leader if he visited.

“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 ICC” said the warrant signed by
judge Nicholas Ombija.

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 will 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.

The Kenyan ambassador told al-Rayaam that Judge Ombija has been
dismissed over his "incompetence" and interference in non-legal
affairs.

Last December, local Kenyan media reported that the Judges and
Magistrates Vetting Board in Kenya decided that Judge Ombija is unfit
to continue being a judge because of "defects in his temperament". He
was among five other High Court judges who were dismissed from the
bench for reasons that ranged from corruption to unbecoming conduct in
court towards litigants and lawyers.

(ST)

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