Sudan: Why Citizens Should Encourage Sudan Unity and Not Disintegration

The concept of joining ranks and formation of regional and continental blocks is gaining momentum and support throughout the entire world (e.g. the European Union, the Russian Federation and the US), among them the most wealthy and powerful nations.

So why should we turn against this global trend and preach for separation and disintegration of our least developed of African countries into smaller and weaker states, while real empowerment and development lies in unity and more unity?

Full story below.

Sudan: Why Citizens Should Encourage Sudan Unity and Not Disintegration
Source: The Nation (Nairobi) - www.nation.co.ke
Opinion piece by Sonaya Abdelsadig
Date: Friday, 29 October 2010

Nairobi — A recent trend in Kenya and East Africa in general tends to favour the partitioning of Africa's biggest nation into two parts, claiming that the emerging "independent" state in the South should be purely African and Christian and that East Africans should enjoy the oil wealth of Southern Sudan.

Firstly, speaking about independence for Southern Sudan is fallacy because historically, the South has never been a colony to the North, but an integral part and parcel of one country regardless of disparity in development standards resulting from many historical factors and political mistakes committed by various actors.

These errors are being addressed and sorted out in numerous conferences and meetings with one culminating in the signing of the historical Comprehensive Peace Agreement (CPA) in Nairobi in 2005.

Ethnic and religious diversity was never the cause of the civil war but a mix of multiple factors.

It is misinformation to claim that since East Africa, and especially Kenya, is predominately a Christian society, the views of an estimated 4.3 million Muslims in the country, whose point of view was not taken into consideration in this regard should be ignored.

The same criteria should be applied on South Sudan Muslims.

Somalia, for instance, is an ethnically and religiously unified country; nevertheless that unity did not protect the state against total collapse and continuous bloodshed between brother and sister.

The belief that in order to achieve full benefits from the oil wealth in South Sudan the country should be disintegrated contradicts reality and solid figures.

Since the signing of the CPA in Nairobi that brought an end to hostilities between the warring parties, an estimated number of Kenyans ranging between fifty and seventy thousand, with a sizeable fraction of them in Juba, are working and doing business throughout Southern Sudan and within the unified Sudan, without the slightest objection from the North.

Kenya does not need to disintegrate the million square-mile neighbour in order to sustain her growing benefits.

The number of Kenyan companies and banks operating in the South is the highest outside Kenya and the number is growing at a rapid rate.

The famous Nakumatt Supermarket has announced plans to venture into the region by the end of the year.

The training of civil servants, military personnel and people from other spheres of life is done in Kenya while some Kenyan experts are doing the same on the ground in the South.

To claim that Kenya is not in need of the friendship of the North is to ignore the realities of history, geography and the strategic interests of the Kenyan people as was clearly stated by the esteemed government when justifying the receiving of President Al-Bahsir last August during the promulgation of the new Constitution.

Economically speaking, North Sudan is an important and promising market for Kenyan products and industries with the former currently importing seven per cent of Kenyan tea.

The population in the North is four times that of the South. Great human and financial resources, including vast virgin lands and huge rivers are available, offering big economic prospects for all kinds of investments and business ventures.

The Kenyan Government's stand was strong, logical and straightforward while defining those interests and highlighting the historical role played by Kenya as a custodian, guardian and guarantor to the peace process in Sudan, which culminated in the historical CPA -- a noble role that should be continuous and sustainable till the realisation of the whole agreement, including safeguarding, defending and protecting the sovereignty, integrity and unity of Sudan.

The concept of joining ranks and formation of regional and continental blocks is gaining momentum and support throughout the entire world (e.g. the European Union, the Russian Federation and the US), among them the most wealthy and powerful nations.

So why should we turn against this global trend and preach for separation and disintegration of our least developed of African countries into smaller and weaker states, while real empowerment and development lies in unity and more unity?

Hat tip: Allafrica.com

ICC Ocampo: Violence it is not a ticket to power, but to The Hague

THE ICC is working towards using the Kenyan case as a deterrent to other African countries against use of violence as a means of getting into power.

Already, officials from the ICC have been to Guinea, which is planning its elections, and Cote d'voire to impress upon the leaders to hold peaceful elections.

"Kenya's case is a signal that if you produce massive violence it is not a ticket to power, but to The Hague," the ICC prosecutor said.

Mr Ocampo, however, admitted that he is working against 'strong elements' who still perpetuate the idea that committing atrocities is a way of gaining power.

Full story below.

Kenya: Four to Stand Hague Trial Over Poll Violence This Year
Report by Daily Nation, Nairobi (reprinted at AllAfrica)
Written by Cosmas Butunyi and Peter Leftie
Originally published on Friday, 22 October 2010. Copy in full:

Nairobi — ICC Chief Prosecutor Luis Moreno Ocampo said on Friday that at least four ODM and PNU officials would appear before him by the end of the year.

"I will present my first two cases this year against two to three individuals from the two different sides," Mr Ocampo said in an interview with the France24 international news channel.

Mr Ocampo said the cases, which would be based on evidence, could involve senior government officials. The ICC is working towards using the Kenyan case as a deterrent to other African countries against use of violence as a means of getting into power.

Already, officials from the ICC have been to Guinea, which is planning its elections, and Cote d'voire to impress upon the leaders to hold peaceful elections.

"Kenya's case is a signal that if you produce massive violence it is not a ticket to power, but to The Hague," the ICC prosecutor said.

Mr Ocampo, however, admitted that he is working against 'strong elements' who still perpetuate the idea that committing atrocities is a way of gaining power.

On the claims by critics that the ICC has focused more on the continent, instead of its global scope, Mr Ocampo said that he took up some of the cases he is handling, such as Uganda, Congo and the Central African Republic upon invitation by the country's leaders.

Mr Ocampo described the case of Sudan President Omar Al Bashir as the 'most complicated' that he is handling. He added: "When the international community is united, it is part of the solution. When it is divided, it is part of the problem."

Record statements

Meanwhile, top security officials in charge of post-election violence hot spots will have to wait a little longer before they can appear before the ICC investigators, it has emerged.

Lawyers representing PCs, DCs and provincial police bosses on Friday said their clients would only appear before ICC detectives once the rules governing the recording of statements are published and the registry set up.

One of the lawyers, Mr Evans Monari, noted that the advocates will need time to consult with their clients before recording statements after the registry is set up.

He said the lawyers expect to have a meeting with the judge appointed by the government to preside over the recording, Justice Kalpana Rawal. "We expect her to call us for a meeting to discuss house keeping issues," the lawyer stated.

The rules state how evidence from witnesses, in this case the top security chiefs, is to be gathered and how notices summoning them to appear before the ICC detectives are to be made.

Justice Rawal is expected to witness the recording of statements from the security chiefs before certifying and handing them to the Attorney-General.

Re post-election violence in Kenya: ICC Ocampo to prosecute six suspects

THE 2007/08 post-election violence in Kenya left more than 1,000 people dead and thousands others displaced from their homes.

In a statement released on Tuesday, the International Criminal Court chief prosecutor Luis Moreno Ocampo said that he will present two separate cases to judges before the end of the year charging between four and six people he believes "bear the greatest responsibility for the most serious crimes."

In April, Moreno Ocampo said he had a list of 20 possible suspects that included PNU and ODM leaders.

Full story below.

Ocampo to prosecute six post-election suspects
From The Standard (www.standardmedia.co.ke)
Wednesday, 22 September 2010:

The International Criminal Court (ICC) chief prosecutor Luis Moreno Ocampo reiterates that he will present two cases against four to six individuals suspected of instigating post-election violence in Kenya.

The 2007/08 post-election violence left more than 1,000 people dead and thousands others displaced from their homes.

In a statement released on Tuesday, Ocampo said that he will present two separate cases to judges before the end of the year charging between four and six people he believes "bear the greatest responsibility for the most serious crimes."

The statement did not mention the names of potential suspects or give more detail on when Ocampo would file the cases to judges at the court, who would have to authorise any arrest warrants.

In April, Moreno Ocampo said he had a list of 20 possible suspects that included PNU and ODM leaders.

Kenya’s commitment to cooperate with ICC was called into question last month when it invited Sudan's President Omar al-Bashir during a visit. Al-Bashir has been indicted for genocide for allegedly masterminding atrocities in Sudan's Darfur region.

Moreno Ocampo underscored in his statement that both Kibaki and Odinga — political rivals in the disputed election that led to the violence — had publicly expressed support for his investigation.

He also said he hopes "the Kenyan justice system will ultimately deal with the many perpetrators that the ICC will not prosecute."

The international tribunal is a court of last resort that takes on cases only when a country is unwilling or unable to bring to justice perpetrators of genocide, crimes against humanity and war crimes.

Judges at the court publicly rebuked Kenya in August for failing to arrest al-Bashir, saying the country had "a clear obligation to cooperate" in enforcing arrest warrants.

Foreign Affairs Minister Moses Wetangula defended inviting al-Bashir to celebrate Kenya's new constitution, saying the Sudanese president is the "head of state of a friendly neighbour state."

Kenya tells ICC why Bashir was not arrested

Kenya's Foreign Affairs minister Moses Wetang'ula told the President of the assembly of state parties to the Rome statute of the ICC, Mr Christian Wenaweser that Kenya was bound by African Union's decision not to arrest Bashir.



Photo: Kenya's Foreign Affairs minister Moses Wetang'ula

Kenya tells ICC why Bashir was not arrested
From Daily Nation (www.nation.co.ke) by Lucas Barasa
Sunday, September 19 2010 at 13:11

Kenya has explained to the International Criminal Court why it did not arrest Sudan President Omar Bashir when he attended the promulgation of new constitution.

Foreign Affairs Minister Moses Wetang'ula told the President of the assembly of state parties to the Rome statute of the ICC Mr Christian Wenaweser that Kenya was bound by African Union's decision not to arrest Bashir.

“The minister clarified that the decision not to arrest Bashir was a resolution by the African Union, of which Kenya is also a member, and due to the complexity of the crisis in Darfur, AU was in agreement that arresting Bashir during this critical period towards a referendum would jeopardize the peace process,” a statement from Ministry of Foreign Affairs communication’s chief, Judith Ngunia, said.

The minister explained that following the issuance of the arrest warrant for Bashir, the AU, noting the complexity of the Sudan in relation to Darfur, the Comprehensive Peace Agreement, the relationship between the North and the South, invoked a clause of the ICC and asked the UNSC to suspend the warrant to allow the African efforts to resolve the crisis.

The UNSC never came back to Africa following which the AU summit in Sirte in July 2009, in Addis in January 2010 and in July Kampala 2010, took a decision that its member states were not obliged to cooperate on the case of Bashir, and invoked a Sanctions clause in the Constitutive Act, for non-compliance.

The AU position was also guided by recommendations of its Panel of Eminent Persons led by President Mbeki that urged the solving of the Sudan problem within a comprehensive framework of peace, security, justice and stability.

The minister who is attending a UN General Assembly in New York added that Bashir’s visit “was in the wider context of good neighbourliness and peace in the region as Kenya was a strategic partner of Sudan, and also the custodian of the comprehensive peace agreement and therefore had a mandate to safeguard the peace process towards a successful referendum in January 2011.”

The minister who met Mr Wenaweser in New York assured him of Kenya’s commitment in fighting impunity and that Kenya will defend the Rome statute as witnessed in the recent signing of the agreement with the ICC registrar in Nairobi.

The agreement gives the court independence to fully and efficiently discharge its mandate and fulfill its purpose within the country.

Mr Wenaweser is also the permanent Representative of Lichestien to the UN in New York.

He supported Kenya’s effort to continue engaging both parties in Sudan’s Comprehensive Peace Agreement for a successful referendum in 2011 and to ensure that peace, security and stability prevails in Sudan during and after the referendum.

Mr Wenaweser also supported the recent political developments in Sudan with regard to the CPA, and following talks between Presidents Kibaki and Bashir of Sudan in Nairobi in which the two parties agreed that the referendum must go on as scheduled for January 9.

Mr Wenaweser said Africa had the biggest membership within ICC and therefore should not be ignored, and pledged to support Kenya’s effort to have more funds directed towards peace keeping in the region and in particular in Somalia.
Mr Wetang'ula was accompanied by Kenya’s ambassador to Ethiopia Dr Monica Juma among others.

Kenya got a backlash from among others US President Barack Obama for hosting Mr Bashir during the promulgation ceremony.

Mr Bashir is wanted by the ICC over atrocities committed in Sudan’s region of Darfur.

AU in new legal thinking over Sudanese President Al-Bashir's visit

NOTE, the below copied article explains that:

"There is no single body that creates international law.

It is developed and agreed upon by those that make up the international community.

Sources of international law include, among other things, local custom, state practice (how states behave in practice), general principles of law, equity, and reason."

Kenya: African Union Dares the West in New Legal Thinking Over Al-Bashir's Visit
From Daily Nation On The Web - Friday, 3 September 2010
Op-ed by Peter Mwaura

Nairobi — Kenya and the African Union have challenged the world with new jurisprudence on the applicability of international law over Sudanese President Omar al-Bashir's visit to Kenya. The legal thinking is grounded on the rules of conflict of laws.

The challenge should not come as a surprise to international law experts and jurists because there is no single body that creates international law. It is developed and agreed upon by those that make up the international community.

Sources of international law include, among other things, local custom, state practice (how states behave in practice), general principles of law, equity, and reason.

And international law must continue to evolve and must be applied, as the AU says, without "pretensions and double standards." Kenya and the AU, in their challenge to the world, are on pretty firm ground as they are using the same rules of legal reasoning used by Western jurists to settle conflict of laws.Conflict of laws occurs when two or more laws could apply to a situation.

In this case, there are two laws which are now in opposition to each other.

There is the Rome Treaty setting up the International Criminal Court, which obligates state parties to cooperate with the court. There is Constitutive Act of the AU, which obligates all AU members to comply with its decisions and policies.

Kenya is a member of both the ICC and the AU, and normally there is no conflict. A conflict has arisen because the ICC, which has indicted President al-Bashir on war crimes, crimes against humanity and genocide, has issued a warrant of arrest against him and obligates members of the ICC to arrest him.

The AU has appealed to the Security Council to defer the ICC proceedings against President al-Bashir for one year. The Union argues that arresting him would be counter-productive and would not advance peace in Darfur.

The Security Council has ignored the request. Consequently, the AU has passed a resolution obligating all its members to ignore the warrant of arrest.

Is the AU contravening international law? No, says the Union, it has adopted another law. If anything, it is a conflict of laws.And it has been resolved using the rules.

The rules have been developed to help decide which lawmaking body has the strongest interest in resolving a matter, and therefore which law applies. Leave aside the morality of inviting President al-Bashir to witness the 27 August promulgation of Kenya's new Constitution, notable for its protection of fundamental rights and human rights.

Kenya acted within international law using the rules of conflict of laws.When two laws are in opposition to each other, it becomes necessary to decide which law is to be obeyed.

Kenya chose the AU law, rightly so it might say. Darfur is an African problem. Sudan is Kenya's neighbour. As the AU said in its press release of August 29, Kenya has "an abiding interest in ensuring peace and stability in Sudan."

Peace, justice and reconciliation in Sudan can only be achieved through continuous engagement with the elected government of that country, the AU said.

Neighbouring countries do this as a matter of survival as they bear the brunt of instability or insecurity in neighbouring states, it went on to say. "Kenya as a member of IGAD and a guarantor to the peace process in Sudan, arising from the implementation of the Comprehensive Peace Agreement and the impending referendum in South Sudan, has a duty and obligation to continuously engage with President al-Bashir."

The AU argues that engagement with the elected leaders of Sudan is vitally and strategically essential and unavoidable for the countries of the region as well as the entire continent.

Because of their proximity to the problem, they are better able to understand and take into account the local realities and dynamics. The situation in Darfur is complex, says the AU.

It requires a fine balance between peace and justice and the AU "shall oppose any attempt to coerce African countries to undermine the common African position." And that is the new international law, for you, made in Africa.

(Hat tip AllAfrica.com)

Kenya allows the ICC to open office - China to support Kenya at the UN over Bashir

TODAY, according to a report just in from the Associated Press, Kenya granted the ICC immunity from legal challenges, tax exemptions and other privileges in a letter signed by Foreign Affairs Minister Moses Wetangula. The report says:

The move comes only a week after Kenya hosted Sudanese President Omar al-Bashir during a ceremony for Kenya's new constitution.

The ICC registrar has been in Kenya since Wednesday to seek government assurances it will cooperate with the court and educate the public about how it operates.

Full story here below. Note the word I have highlighted in red and the following Quote of the Day from this site's parent blog, Sudan Watch, 21 July 2010 - Ocampo announces ICC's verdict before indictment:

"According to my understanding of the decision, the [International Criminal] Court did not find [Sudanese] President Bashir guilty of these crimes. Rather, it considered that there were reasonable grounds to suppose that he might be guilty. This is an important distinction. While the Prosecutor will argue, in court and in public, that Bashir is guilty, I am surprised that he is announcing a verdict of the Court before there has been an indictment (so far we have an arrest warrant — any indictment will follow a confirmation of charges hearing) let alone a trial." - Dr. Alex de Waal OBE, Making Sense of Sudan, 18 July 2010

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Kenya allows Int'l Criminal Court to open office
By TOM MALITI (AP) – Friday, 03 September 2010

NAIROBI, Kenya — Kenya on Friday allowed the International Criminal Court to open an office in the country, a development that comes after Kenya's commitment to the court came into question when the nation hosted Sudan's indicted leader last week.

ICC Prosecutor Luis Moreno Ocampo is investigating top Kenyan leaders and businesspeople for their roles in the country's December 2007 to February 2008 post-election violence that killed more than 1,000 people.

On Friday, Kenya granted the ICC immunity from legal challenges, tax exemptions and other privileges in a letter signed by Foreign Affairs Minister Moses Wetangula.

The move comes only a week after Kenya hosted Sudanese President Omar al-Bashir during a ceremony for Kenya's new constitution.

Al-Bashir faces charges of genocide and crimes against humanity at the ICC stemming from the violence in Sudan's Darfur region. Despite being a party to the statute that created the ICC, Kenya did not arrest al-Bashir, arguing that such a move would destabilize Sudan.

That decision provoked an international outcry, including words of rebuke from President Barack Obama, and it raised doubts about the country's willingness to hand over Kenyan suspects expected to soon be charged by the ICC.

The ICC does not have its own police to enforce arrest warrants and it relies on member states such as Kenya to execute them.
Kenyan Cabinet leaders, including Wetangula, met with ICC Registrar Silvana Arbia on Friday.

"We have agreed to comply with every aspect of the (ICC) request for the privileges and immunity which their officers require to be able to undertake their work," said Minister of State for Internal Security George Saitoti, who chairs the Cabinet subcommittee on the ICC.

"I trust that the government of Kenya will fully respect its obligations under the Rome Statute," which established the ICC, Arbia said after receiving the letter.

The ICC registrar has been in Kenya since Wednesday to seek government assurances it will cooperate with the court and educate the public about how it operates.

Moreno Ocampo has said he believes crimes against humanity were committed during Kenya's political violence.

The court allowed him to open an investigation in April and he has said he expects the investigation to conclude by the end of this year. Moreno Ocampo has said he expects to charge up to roughly a half-dozen people who allegedly directed the violence.

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China to shield Kenya at the UN over Bashir
Report from PPS Capital FM - 03 September 2010 - excerpt:

NAIROBI, Kenya - China on Friday declared support for Kenya's decision to invite Sudanese President Omar al Bashir to attend the promulgation of the new constitution in Nairobi last week.

During talks with President Mwai Kibaki, visiting vice Chairperson of the Standing Committee of the Chinese People's Congress (NPC) Chen Zhili pledged China's support for Kenya if the country is subject of discussion at the United Nations Security Council over the issue.

"Kenya as a neighbor and guarantor to the Comprehensive Peace Agreement (CPA) on the Sudan require the support and not condemnation by the international community in her efforts to broker peace between the Southern and Northern Sudan.", Ms Zhili said.

She expressed appreciation to President Kibaki and the Kenya government for the pivotal role played in brokering peace in Sudan and the horn of Africa.

Zhili who is also the NPC Chairperson of all Women's Federation, assured President Kibaki that China would provide the necessary support towards peace and stability in the horn of Africa. [...]

Kenya was perfectly right to invite Sudan's president - Bashir's arrival brought Kenya airport to a standstill

Quote of the Day

"It is clear that the attempt by the Pre-Trial Chamber and some of the UN Security Council members to create a controversy totally fails to appreciate the context of the Horn of Africa region." -Thuita Mwangi (Source: see op-ed here below)

Kenya:
Location: Eastern Africa, bordering the Indian Ocean, between Somalia and Tanzania
Area - comparative: slightly more than twice the size of Nevada
Land: total: 3,477 km
Boundaries: border countries: Ethiopia 861 km, Somalia 682 km, Sudan 232 km, Tanzania 769 km, Uganda 933 km
Population: 33,829,590
Languages: English (official), Kiswahili (official), numerous indigenous languages

Kenya was perfectly right to invite Sudan President Omar al-Bashir
The Nation (Kenya) - 29 August 2010 at 16:58
By THUITA MWANGI

In the last two days, a lot of heat has been generated around the visit of Sudanese President Omar Al-Bashir during the promulgation of our new Constitution.

The unfortunate statements attributed to some members of the UN Security Council as well as the ICC Pre-Trial Chamber cannot go without a response. The statements, and the decision, assert that African Union member states have “a clear obligation to co-operate with the Court in relation to the enforcement of such warrants of arrest. . . .’’ to which Kenya is a State Party.

It is quite curious that the decision by the Pre-Trial Chamber was made strangely in respect of the “expected attendance of Omar Al Bashir at the celebration scheduled for Friday 27 August”. Anyone conversant with the proper role and mandate of the ICC must be dismayed by the manner in which this decision was arrived at, let alone the substance and implications.

It is clear that the attempt by the Pre-Trial Chamber and some of the UN Security Council members to create a controversy totally fails to appreciate the context of the Horn of Africa region. First, Kenya’s stability is linked to that of its neighbours and the region. Indeed, Kenya has an abiding interest in ensuring peace and stability there by promoting peace, justice and reconciliation.

This can be achieved through continuous engagement with the Sudanese Government. Kenya has remained seized with Sudan, supporting the process that led to the signing of the Comprehensive Peace Agreement, as well as its implementation. Kenya continues to bear the negative consequences of the civil war that it helped negotiate to end.

For this reason, the country remains keen to pursue any measure that would encourage Sudan to attain sustainable peace. Furthermore, as a member of IGAD and a guarantor to the peace process in Sudan arising from the implementation of the Comprehensive Peace Agreement and the impending referendum in South Sudan, Kenya has an absolute duty and obligation.

The objective of having representation from the region, particularly Sudan, at Kenya’s most historic political event was therefore, to share a positive national development and to encourage Sudan as it moves towards its own historic referendum in early 2011.

The enthusiasm of the ICC to involve the UN Security Council is not only a reflection of its failure to appreciate the intricate reality on the ground, but also an indicator of yet another effort to force African countries to support the ICC.

This is irrespective of the complex dynamics that require striking a balance between peace and justice, which Kenya believes is not only necessary for Sudan, but essential for stabilising the region. In inviting President Bashir, Kenya is acting in alignment with the African Union decisions on this matter.

Interestingly, both the statements and the decisions grossly ignore the obligations of Kenya to the AU, arising from decisions of Assembly/AU/Dec. 245(XIII) adopted by the 13th Ordinary Session of the Assembly of Heads of State and Government, wherein the Assembly “decide[d] that in view of the fact that the request by the African Union has never been acted upon (by UN Security Council), the AU Member States shall not co-operate pursuant to the provisions of Article 98 of the Rome Statute of the ICC relating to immunities, for the arrest and surrender of President Omar El Bashir of The Sudan”.

Also, the statements did not take cognisance of the obligations of AU member states arising from Article 23 (2) of the Constitutive Act of the African Union, which obligates all members “to comply with the decisions and policies of the Union”. To this extent, the decisions adopted by the AU policy organs are binding on Kenya.

Kenya strongly believes that sustainable peace and security anywhere must be underpinned by the three interconnected, mutually interdependent pillars of peace, justice and reconciliation.

It will be recalled that the repeated appeals to the UN Security Council by the Assembly of Heads of State and Government of the African Union as well as the AU Peace and Security Council to defer the proceedings against President Bashir for one year, and to allow for the peace process to make irreversible progress, have never been acted upon by the UN Security Council.

Mr Mwangi is permanent secretary, Ministry of Foreign Affairs.

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Khartoum regime leader arrival brings Kenya airport to a standstill
eTurboNews.com - 02 Sepember 2010
By WOLFGANG H. THOME, ETN

(eTN) - Last week’s promulgation of the new constitution in Kenya saw several heads of state grace the occasion with their presence, including Ugandan President Yoweri Kaguta Museveni, and they all landed with full protocol at Nairobi’s main airport Jomo Kenyatta International. In stark contrast, however, the Khartoum’s regime leader, Bashir, snuck into Kenya through Wilson Airport from where he also left the country later on under a shroud of secrecy.

Air operators and passengers normally using Wilson Airport were reportedly irate over the closures of the airport for all traffic between arrival and departure of the tyrant, and three regular sources minced no words over this event - none of the comments, however, are fit to be repeated in the public domain, probably in itself a hint about how strong the sentiments were and what words were flying. Flights in and out of Wilson, East Africa’s busiest airport, were halted and then long delayed, scheduled flights to and from the national parks were disrupted, and charters had to be halted as passengers could either not get into Wilson Airport or because all commercial operations were grounded for the duration.

It appears that many of the leading politicians in Kenya did not know of his presence, and subsequently squabbles arose in Kenya’s political establishment over the wisdom of inviting an alleged war criminal and alleged genocidaire, wanted by the International Criminal Court in the Hague. Kenya is a signatory country to the ICC Convention and will be facing not just tough questions by the ICC but has already incurred the wrath of US President Obama and many other world leaders, who sharply condemned the invitation and presence of Bashir in Nairobi for the event. It is also understood that the ICC referred Kenya’s decision and behavior to the United Nations Security Council where the case is due to be discussed and a possible reaction and response will be prepared.

The ICC is also drafting indictments against perpetrators and promoters of the post 2007 election violence and instead of reveling in the newly-found world attention and spotlight, the day was by all accounts spoiled by Bashir’s presence. The alleged war criminal, brought to the venue by tourism minister Balala – a visitor Balala would also rather like to forget soon considering the negative publicity it brought to Kenya – had, according to a reliable source in Nairobi’s foreign ministry, secured guarantees beforehand that the arrest warrant would not be executed against him, and he only traveled to Nairobi after these assurances were given in writing. Subsequently, some government mouthpieces tried to defend the presence of Bashir in Kenya for the big day but were rubbished by the comments of many Kenyans posted on blogs and social websites, who openly questioned the sanity of the invitation.

The fallout has also reached the Southern Sudan, where regular high-ranking sources, on condition of strict anonymity, expressed their anger and disappointment with Kenya, having fully expected to see the First Vice President of the Republic of the Sudan, who is also the President of Southern Sudan, Gen. Salva Kiir, represent their country. In fact, some opinions proffered to this correspondent spoke of unspecified consequences for Kenya in their dealings with Southern Sudan. It appears that Gen. Kiir was all set to fly to Nairobi but was apparently told at the last moment that his presence would, after all, not be required as regime chief Bashir would travel himself.

Upon probing if they would have wanted Bashir, their former arch enemy, arrested, they were all the more guarded, with one claiming "it would not have helped us with the independence referendum" before adding "we know that hardliners in Khartoum and their backers abroad are not happy with Bashir for permitting us to move to independence. We are aware that there is [an]underground movement about this, but we hope all stays in place until January 9, 2010 when we will vote to become an independent country. After that the North can do what they want about Bashir, it is no longer our concern then."

Kenya’s "Second Republic" was launched with glitz and glamour in a grand ceremony at Uhuru Park, where in 1963 the late founder president Jomo Kenyatta took the oath of office as he led his then nascent and young nation into independence, but the presence of Bashir has shaken many international observers and friends of Kenya who now ask what, if anything, has really changed so far as several laws seem to have been broken by the Kenyans’ responsible for the invitation and with absolute impunity.

Tourism stakeholders meanwhile, while appearing somewhat unsettled over the huge controversy the Bashir presence caused in the country and worse for them across the world, were still jubilant over the fashion the referendum was held, the votes counted, and the new constitutional requirements are now unfolding, and that it will ensure lasting peace and reconciliation among leading political opponents, giving hope for free and fair elections in 2012 and allowing the tourism industry to prosper and grow, at last fulfilling Kenya’s enormous potential along the Indian Ocean beaches and in their national parks and game reserves.

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Kenya Watch - Editor's Note:
Who are the hardliners in Khartoum and their backers abroad?