29 Nov No Nairobi for You, Omar
The High Court of Kenya has held that the government has an obligation to arrest Bashir if he sets foot on Kenyan territory:
The Kenyan High Court ruling was the result of a case that the International Commission of Jurists (ICJ) brought against Kenya’s attorney general and internal security minster in 2010.
“The courts have said that Kenya has an obligation to arrest Bashir if he is to come to country, if there was doubt as to the legal position, that has been clarified,” says George Kegoro, the executive director of the ICJ.
Al-Bashir visited Kenya last year to attend the ceremony for a new constitution. At the time Kenyan officials said that Kenya was beholden to African Union decisions on arresting the Sudanese president.
According to the ICJ, the court said local laws and international agreements such as the Rome Statue that Kenya has signed supersede African Union policies.
“We are satisfied with the ruling and we hope that it clarifies the legal and political situation in Kenyans relationship with Sudan,” said Kegoro.
This is a welcome ruling, especially with regard to the Court’s repudiation of the AU. Strike one more country from Bashir’s Christmas-card list.