KENYA SHOULD NOT BE HELD TO RANSOM BY SUDAN

KENYA SHOULD NOT BE HELD TO RANSOM BY SUDAN

On Wednesday, Kenyans woke up to the news that their ambassador to Sudan had been given 72 hours to leave Khartoum. Back in Nairobi, Sudan’s envoy to Kenya, Beder el din Abdalla, was preparing to go back to Khartoum, after the Sudanese authorities recalled him. Reason being that relations between the two countries had been severely strained due to a ruling by the High Court in Nairobi, that Sudan  president, Omar al- Bashir ought to be arrested and handed over to the ICC, if he dares set foot in Nairobi. This ruling by Justice Ombija, had rubbed Sudan the wrong way and this turn of events came as no surprise.

Following this fall-out, the Kenyan government through Foreign Affairs minister, Moses Wetangula quickly responded by saying that it will ask Attorney General, Githu Muigai  to appeal against the ruling. It also said that it was not going to expel Sudan’s envoy to Nairobi.

These reactions by the government have only served to dent Kenya’s commitment to the ICC, on the possible prosecution of the Sudanese head of state. The fact it has come after Kenya’s spirited but failed attempts to lure the United Nations Security Council, in supporting her bid to halt the prosecution of her six sons at The Hague, does not make matters any easier. Kenya, being a signatory to the Rome Statute is legally bound to corporate with the international court, in executing its mandate. Consequently, the government should stop dilly-dallying and come clean on this one.

As a country who upholds the rule of law, al- Bashir should be arrested if he dares come to Nairobi. As a responsible nation, the government must affirm to its citizens that some risks have to be taken if we are to stop a slight into the perpetual fear of Sudan’s cheap blackmail. In fact, el- Bashir should have long been arrested when he attended promulgation of the new constitution at Uhuru Park, on August 29, last year. His attendance drew a hue and cry from the international community, which accused Kenya of abdicating her responsibility to the ICC. Al- Bashir’s indictment by the ICC for crimes against humanity in the Darfur conflict is a matter that our government should accord the seriousness it deserves and stop this casual, almost hands- off approach. The world will surely judge us harshly if we don not act in the right manner.

Sudanese authorities labeled the ICC an international NGO, adding that it was hell-bend on straining the good relationship between the two countries. This contempt of the ICC by Sudan is beyond imagination. It is a very careless statement coming from a government that is entrusted with the responsibility of leading the people of Sudan. What business does the Kenyan government have with such a government that protects people accused of crimes against humanity? Our government should honor its legal and moral obligation to the ICC, even if it means straining the `good relation’ that their Sudanese counterparts purport to exist. Come on Kenya, these tactics by al- Bashir’s government are cheap blackmail. Just as our very own Post-election violence victims, our brothers in Sudan are crying for justice. This has to be done, at some point in time. Justice delayed is justice denied.

It’s also foolhardy for the Intergovernmental Authority on Development IGAD, for whom Kenya is a member, to claim that Bashir’s arrest is a threat to regional stability and peace in Sudan. Its argument that Kenya, being a signatory to the Sudan Comprehensive Peace Agreement, ought to support peace efforts in Sudan, and that handing Bashir to the ICC, will jeopardize these efforts, is a very dumb argument. You cannot grant impunity to a criminal just because his prosecution can spark off war and hostilities. Indeed, peace is not the absence of war but, rather it is the presence of justice. Justice has to be present for peace to take root. Bashir should be handed over to the ICC, after which a permanent solution to the Sudan quagmire can be achieved. Anything short of this is equivalent to making a step forward and two backwards.

It’s no surprise to see African leaders going to any length to protect their counterparts, whenever faced with a moment of truth. After all, it’s only in Africa where we have `presidents for life’ who do not see anything coming in between them and their unquenchable thirst for power. Thus, our two principals should lead the country in condemning Sudan’s outrageous decision and do all within its capacity to help ICC in executing the warrant of arrest on al- Bashir. The era of warlords, especially in Africa is fast coming to an end, and our government should know better.

Our government should take the bold decision and disentangle itself from this cheap blackmail by Sudan. If it fully honors its obligation to the ICC, then it will do the honorable thing and arrest al- Bashir, if he dares set foot in Kenya. Anything less than this will seriously hamper Kenya’s relations with the international community, and raise doubts on her commitment to the Rome Statute.

The victims of the Darfur war crimes and the entire world are keenly watching.