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Kenya's ICJ moves to court to seek Bashir's arrest
Source: The East African - www.theeastafrican.co.ke
Author: Jillo Kadida
Date: Thursday, 18 November 2010 at 18:44
Photo: President Al Bashir arrives for the promulgation of Kenya's new constitution at Uhuru Park, Nairobi on August 27, 2010. His visit sparked outrage among Kenyan leaders and the international community. Photo/STEPHEN MUDIARI
The Kenyan Section of the International Commission of Jurists has moved to court seeking a warrant of arrest against Sudan president Omar Al Bashir.
The commission filed a case at the High Court in Nairobi yesterday seeking a provisional arrest warrant against Al Bashir.
Mr Al Bashir has been indicted by the International Criminal Court for genocide crimes committed in Sudan. The court also issued two warrants of arrest which have never been effected.
The jurists’ organization says Al Bashir is likely to visit Kenya in November or near future and his presence in the country would be a violation of the law.
ICJ also wants the court to order Ministry of Internal Security to effect the arrest warrant when Al Bashir sets foot in Kenya.
The ICJ Kenyan Chapter blames the Kenya Government for failing to arrest Al Bashir when he visited Kenya on August 27 2010 during the promulgation of the new constitution.
The organization says the Government in utter disregard of its obligation under international law failed to arrest Al Bashir despite the existence of two warrants of arrest issued by ICC.
Last month President Al Bashir was expected to visit Kenya to attend the Inter-Governmental Authority on Development (Igad) meeting but this was moved at the last minute following fears that he might be arrested.
The meeting was transferred to African Union headquarters in Ethiopia following a letter from the ICC to the government of Kenya.
In its letter the court called for arrest of Mr Al Bashir in the event he turned up for the conference.
A statement from the ICC Registrar, Ms Silvana Arbia, had said: “The International Criminal Court requested the Republic of Kenya to inform the Chamber, no later than 29 October, about any problem which would impede or prevent the arrest and surrender of Omar al-Bashir in the event that he visits the country on 30 October, 2010.”
Yesterday after hearing the case filed by ICJ High Court Judge, Nicholas Ombija directed that the suit papers be served on the Attorney General.
The parties will appear before him for hearing next Tuesday.
