By WALTER MENYA wmenya@ke.nationmedia.com and DAVE OPIYO dopiyo@ke.nationmedia.com
Posted Sunday, August 29 2010 at 22:30
The Kenyan government was in a disarray on Sunday over the visit by Sudan President Omar al-Bashir who has been indicted by the International Criminal Court (ICC) for war crimes.
World opinion went against Kenya on Friday after it became the first democracy to host Mr Bashir. One half of the government argued that Kenya faced a delicate diplomatic dilemma and had to weigh its own regional and security interests against the requirements of international law that it arrests Mr Bashir.
The other half maintained that the invitation was a diplomatic blunder which had embarrassed the country and ruined the promulgation of the new constitution. Prime Minister Raila Odinga, speaking at a church on Sunday, said Mr al-Bashir’s presence at the historic event was a blot on Kenya’s international reputation.
“We are going to look bad in the eyes of the international community because we invited somebody indicted by the International Criminal Court to spoil the party for us,” said Mr Odinga at Kinoo’s Presbyterian Church of East Africa in Kikuyu constituency.
But a section of ministers and MPs, led by Foreign Affairs assistant minister Richard Onyonka, defended the government for hosting the ICC suspect. He said the government invited both President al-Bashir and Southern Sudan President Salva Kiir because Kenya did not want to be seen to be favouring any side. Mr al-Bashir had an “absolute right” not to publicly declare his intended visit beforehand, the assistant minister said.
Kenya invited both Sudanese leaders and left it to them to decide who among them would come. He said that President al-Bashir confirmed his attendance at 11pm on Thursday, only a few hours to the promulgation ceremony. Mr Onyonka reiterated that Kenya will continue to engage Sudan in the same way it does its other neighbours.
The assistant minister said Kenya had noted with concern attempts by the ICC Pre-Trial Chamber to refer the matter to the UN Security Council. He said Kenya was still committed to co-operating with the ICC contrary to statements of the Pre-Trial Chamber and the US President Barack Obama, among others who have condemned the visit.
Mr Onyonka was accompanied at the press conference by three Cabinet ministers; Mr Amos Kimunya (Transport), Mr Samuel Poghisio (Information) and Mr Najib Balala (Tourism). Others were Foreign Affairs Permanent Secretary Thuita Mwangi, MPs Mohamed Affey (Nominated, ODM-K), Mr Jeremiah Kioni (Ndaragwa), Mr Nderitu Muriithi (Laikipia West) and Mr Adan Duale (Dujis).
And Vice-President Kalonzo Musyoka assured the international community of the government’s commitment to cooperate with the ICC. Speaking at House of Grace Church in Nairobi West on Sunday, Mr Kalonzo said: “Kenya is a member in good standing of the ICC. This basically means that the country is committed to co-operating with the court.”
In Kinoo, Mr Odinga said: “As a signatory to the Rome Statute, it is wrong (to make such invitations). We must stand by something we have signed as a government. Mr Odinga was responding to former Kikuyu MP Paul Muite who challenged him to state his position on the matter. “Two years ago, you stated publicly that he (President Bashir) should be arrested. We want to know your stand on this matter,” said Mr Muite.
Local Government assistant minister Lewis Nguyai, however, differed. “We have to delicately balance between being a good neighbour and diplomacy,” he said. At the same time, former UN secretary general Kofi Annan has asked Kenya to clarify its position on the ICC.
“Like many, I was surprised by the presence of President al-Bashir of Sudan in Nairobi for the promulgation of Kenya’s new constitution,” Mr Annan said in a statement in his capacity as chair of the Panel of Eminent African Personalities that mediated the 2008 post-election clashes.
“Kenya has specific obligations as a signatory of the Rome Statute and is also cooperating with the International Criminal Court on investigations relating to the 2007/8 election violence,” read the statement issued in Nairobi. It added: “In the circumstances, the government should clarify its position and reaffirm its cooperation with and commitment to the ICC.”
ODM party leaders on Saturday said they were not consulted on the visit. On Sunday, Tourism minister Najib Balala, who escorted Mr al-Bashir to the dais on Friday, broke ranks with his party to support the visit. “It is unfortunate that we are playing party politics about this matter,” said Mr Balala.
The government also got support from the African Union. In a statement from Addis Ababa, Ethiopia, the AU Commission said it had “noted with concern” statements attributed to some members of the UN Security Council over Mr al-Bashir’s presence in Kenya and Chad.
“The African Union Commission expresses its deep regret that both the statements and the decisions grossly ignore and make no reference whatsoever to the obligations of the two countries to the African Union arising from decisions adopted by the 13th Ordinary Session of the Assembly of heads of state and Government,” the AU Commission said.
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