The Kenya Section of the International Commission of Jurists (ICJ Kenya) wants the acting Minister for Internal Security Fred Matiang’i and Attorney General Githu Muigai to detain Sudan President Omar Al Bashir when he arrives for the swearing in of President-elect Uhuru Kenyatta on Tuesday.
The request written by Nderitu & Partners advocates cites previous arrest warrants issued against Bashir locally and internationally as well Kenya’s treaty obligations.
“We are alarmed about his looming travel to Kenya, and we have orders from our client to officially lodge our client’s objection to his planned travel, and to ask for you to cause his arrest should he arrive in Kenya.”
In 2011, Judge Nicholas Ombija gave a ruling that Bashir should be detained “should he set foot in Kenya in future.”
“By way of background, a warrant for the arrest of President al Bashir was issued by the High Court of Kenya at Nairobi in High Court Miscellaneous Criminal Application No. 685 of 2010. We anticipate, by virtue of the fact that your respective offices were part of that litigation process, that both of you are conscious of these factual circumstances,” ICJ Kenya says in their letter.
The Hague-based court has issued two warrants for Bashir, one dating from March 2009 on five counts of crimes against humanity and two counts of war crimes, and one issued in July 2010, on three counts of genocide.
“Apart from collaboration with the ICC as a matter of treaty obligation, the Government of Kenya and its officers are bound by Article 2(6) of our Constitution which provides that any treaty or convention ratified by Kenya shall form part of the law of Kenya under the Constitution.”
The African Union (AU) has advised its members not to pay any regard to the arrest warrant, saying that the ICC appeared to be only centering on African leaders.
Bashir has incessantly refuted the charges, saying they are part of a Western conspiracy.