Caption: President Mwai Kibaki (L) meets Sudanese President Omar Hassan al Bashir (R) at the promulgation of the New Constitution at the Uhuru Park grounds on Friday. Photo Reuters
The African Union has defended Kenya's decision not to comply with the International Criminal Court's warrant of arrest issued against Sudanese president Omar Al Bashir when he came to Nairobi for the new constitution's promulgation ceremony.
In a statement printed in local dailies, next to a similar one by the government, the African Union faulted the ICC for failing to recognise that African countries were obligated to the union's resolution not to cooperate with the court on the matter after the court ignored the union's request to defer Bashir's trial by one year.
The government on its part stated that whereas it is obligated to the ICC, Kenya has a legitimate interest in ensuring peace and stability in Sudan and the region.
The African Union sought to vindicate Kenya and Chad from blame over the presence in those countries of Sudanese president Omar Al Bashir, who the International Criminal Court wants arrested.
In a statement issued from its headquarters in Addis Ababa Ethiopia, the African Union said the ICC had erred in turning a blind eye on the obligations of member states to the AU's decision made in January 2009 and reiterated at the Heads of state's meeting in Kampala last month not to cooperate with the ICC's warrant of arrest on Bashir.
The statement said in part: "Thus, the decisions adopted by the AU policy organs are binding on Chad and Kenya and it will be wrong to coerce them to violate or disregard their obligations to the African Union."
The AU's request to the UN Security Council to defer the proceedings against Bashir for one year for the purposes of striking balance between peace and justice went unanswered.
The AU also maintained the need for Kenya as an IGAD member state and a guarantor to the peace process in Sudan, to continue engaging peacefully with the Sudanese president on the implementation of the comprehensive peace agreement and impending referendum.
The statements by both the AU and Kenya further lashed out countries who are members of the UN Security Council, for being quick to condemn Kenya yet some of them have failed to subscribe to the Rome Statute.
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