ICC to report Kenya to UN over its high-profile guest al-Bashir

By STANDRD TEAM

Kenya could find itself in trouble for hosting Sudan President Omar al-Bashir after the International Criminal Court (ICC) said it would report his presence in the country to the UN Security Council.

The ICC yesterday said it would report Bashir’s visit so that appropriate steps might be taken.

The world seemed astounded by the Government decision to invite ICC-wanted prime genocide suspect, with Human rights groups protesting.

It took Kenyans and the international community by surprise when Bashir strode to Uhuru Park Grounds at 9.16am amid tight security.

During an official briefing of the Press on Wednesday, the Government, through the Head of Civil Service, Francis Muthaura, did not say Bashir’s was expected.

Instead, Muthaura and top Government officials only talked of the invitation of Southern Sudan President, Salva Kiir. But yesterday, it was President Bashir who showed up.

The ICC wants Bashir for war crimes, genocide and crimes against humanity in Darfur.

As a signatory of the Rome Statute that established the ICC, Kenya is obligated to arrest and hand over Bashir. The ICC has no police and relies on states that support it to execute arrests.

Bashir’s presence at the ceremony has been variedly described as ‘tasteless’ and a sign that Kenya is not keen on honouring it pledge to handover its own post-election suspects.

But Foreign Affairs Minister Moses Wetang’ula said the Government could not arrest the leader. "It is un-African to invite a guest and harass him in your house," said the minister.

In protest at Bashir’s presence, some European Union envoys and human rights activists boycotted a luncheon President Kibaki hosted at State House.

US Ambassador Michael Rannenberger declined to comment on the surprise visit, only stating, "Today I will only talk about the ceremony and nothing else."

Dutch Ambassador Laetitia van Assum said the Government had hidden information of Bashir’s visit from the international community, therefore, pulling a fast one on them. "We had been told that Salva Kiir was the one coming. But we were surprised and the atmosphere became quite strange when Bashir arrived," she said.

On learning Bashir was around, civil society activists scolded the Kibaki administration, saying his presence had spoilt a good party.

James Mwamu, the secretary of the East African Law Society demanded an explanation from the Government on how Bashir found his way to the occasion, and why the Government failed to comply the ICC.

"His presence was a disgrace and paints Kenya badly in the eyes of the international community. It is casting doubt on whether Kenya can handover post-election suspects to the ICC."

Hassan Omar of the Kenya National Commission on Human Rights, added. "It was tasteless of him to use our national ceremony as an event for his international political wars."

Rights groups said the visit raises questions about Kenya’s commitment to co-operate with the ICC on the ongoing investigations on post-election violence.

"Those who invited Bashir will also probably prevent local suspects from being prosecuted," said Karuti Kanyinga, a political scientist at the University of Nairobi.

New York-based Human Rights Watch had urged Kenya to bar him from entering the country or arrest him once he entered the country. "Kenya will forever tarnish the celebration of its long-awaited Constitution if it welcomes an international fugitive," said Elise Keppler, Senior Counsel in the International Justice Programme at Human Rights Watch.

Bashir sat calmly throughout the ceremony, his walking stick at hand, visibly without fear of being arrested. He exchanged pleasantries with his fellow leaders who included Rwanda’s Paul Kagame, Uganda’s Yoweri Museveni and Tanzania’s Jakaya Kikwete.

Tourism Minister Najib Balala Bashir escorted Bashir to Uhuru Park, for the ceremony.

To protest Bashir’s presence, a number of EU ambassadors and human rights activists boycotted a luncheon hosted for invited dignitaries by President Kibaki at the State House. It is not clear whether the Government was aware of Bashir’s visit or whether he came unannounced. Efforts to get information from the Government on his visit bore no fruit.

When contacted, spokesman in the office of the Prime Minister Dennis Onyango referred us to Government spokesman Alfred Mutua for comment. However, our efforts to reach him failed. But informed sources say Bashir’s name was not on the list Ministry of Foreign Affairs prepared of expected Heads of States.

Reports by James Ratemo, Beauttah Omanga and Kipchumba Some