Obama slams Bashir presence in Kenya

By Juma Kwayera

Kenya faces diplomatic ridicule with far reaching ramifications following international protests over the visit here of Sudanese President, Hassan Omar el Bashir, wanted by the International Criminal Court (ICC) for genocide and crimes against humanity.

Bashir’s visit elicited angry reactions from the United States, with President Barack Obama accusing the Government of shielding the Sudanese leader from criminal justice.

Now the Government looks headed for further clashes with development partners who have signalled their intention to hold Nairobi to account over the visit, for which the ICC in a protest note to UN Security Council slammed the Government.

At home, attention switched back to Cabinet Secretary Francis Muthaura who on Tuesday could not provide the media with the full guest list, only talking about other "regional leaders."

In its protest to United Nations Security Council, ICC wants to hold President Kibaki to account for playing host to one of its criminal targets, despite Kenya being a signatory to the Rome Statue, which created the international court.

Two days before the inauguration of the new Constitution, Muthaura had told journalists that First Vice-President Salva Kiiir would represent Sudan. But Kenya National Commission on Human Rights official Hassan Omar told The Standard On Sunday ICC had alerted them of Bashir coming to Nairobi.

"Judging from the information received from The Hague (ICC headquarters), Bashir checked into Nairobi on Thursday evening. He left immediately after the swearing-in on account he was fasting and therefore could not join the other dignitaries at the luncheon," says Omar.

Bashir’s invitation is unlikely to sit well with Kiir’s Southern Sudan, which holds a referendum on whether to secede from the North in January. Foreign Affairs Minister Moses Wetangula startled the international community when he said Kenya was keen to have good relations with its neighbours. There is now talk that Kiir boycotted the promulgation when he learnt of his nemesis’ presence in Nairobi.

Contacted, a Western diplomat who wished not to be named, as he is not authorised to speak for foreign missions, said Kenya’s development partners were taking the issue seriously and a definitive statement could be coming out any time this week.

"The American ambassador and former UN Secretary General Kofi Annan discussed the visit during the luncheon. As everyone knows, the visit was an anti-climax to what had been billed as an important occasion for Kenya and Africa," says the diplomat.

It is instructive that US Ambassador Michael Ranneberger, usually media friendly, has stayed clear of the issue. A request for an interview through Public Affairs Officer at the embassy, John Heinz, did not get a response.

While officials in PNU and ODM appeared miffed by Bashir’s presence, Egara Kabaji, a former under-secretary in the Ministry of Foreign Affairs, explained the guest list is a decision of the Cabinet.

"They knew who was coming and they stand accused on the principle of collective responsibility," says Kabaji.

Kenya, like Sudan, is struggling to turn off ICC attention, with six violence suspects, among them two Cabinet ministers, said to be on a list handed to ICC Chief Prosecutor Luis Moreno-Ocampo by Annan. The Kenyans are suspected to be masterminds of 2008 post-election violence.

A statement posted on ICC website after Bashir left for Khartoum says, "The ICC registrar was ordered to immediately transmit these decisions to the Security Council and to the Assembly of States Parties. Previously, pursuant to the Pre-Trial Chamber decisions issuing two warrants of arrest against Omar al Bashir, the ICC Registrar had issued and transmitted requests for arrest and surrender of Mr al Bashir to all States Parties to the Rome Statute, including the Republic of Kenya and the Republic of Chad."

Omar says the Government put itself in a precarious position after wilfully subjecting itself to "diplomatic ridicule" that will work against its economy, particularly investment flows and the tourism industry, the leading foreign exchange earner.

"The ICC petitions are usually taken seriously by investors. They act as parameters investors use to gauge how member-States uphold the rule of law," Omar says.

In Washington, Obama said his Government does not expect Nairobi to renege on the constitutional reforms, which he said would deal with impunity and runaway official corruption.

"The Government of Kenya has committed itself to full co-operation with the ICC, and we consider it important that Kenya honours its commitments to the ICC and to international justice, along with all nations that share those responsibilities. In Kenya and beyond, justice is a critical ingredient for lasting peace.

After US President expressed his disappointment with Kenya, foreign missions in Nairobi described as an anticlimax Bashir’s presence, warning donors are likely to withhold financial pledges for the implementation of the new Constitution.

A diplomat, who preferred anonymity because she is not authorised to speak on behalf of foreign missions, said Kenya, where some Government leaders are on ICC blacklist of crimes against humanity, had demonstrated that despite unveiling the new Constitution, it was not ready to eschew impunity.