30 August 2010

Nairobi — Prime Minister Raila Odinga yesterday denied knowledge of plans to invite Sudan's President Al Bashir as details emerged the trip was part of a plan to stop the International Criminal Court's case against Kenya.

Al-Bashir is wanted by the ICC for war crimes and crimes against humanity committed in Darfur.

Speaking at a service to dedicate the new constitution to God held at PCEA church in Kinoo, Raila said he had not been consulted and said Kenya had failed to honour its commitment to the ICC and that it is wrong.

He said though there was need to foster good neighbourliness and remain diplomatic, Bashir should not have been on the guest list.

"Ukiwa na jirani mchawi huwezi kumualika kwenye karamu kama hiyo, (if you have a wizard for a neighbour you don't invite him to such occasions)" Raila said and described Bashir's presence as having "spoilt" the ceremony.

"I have spoken as Raila Odinga and I have a right to do so. We can't invite or host someone who has been indicted by the ICC. When we entered AU and signed the ICC statute, we said goodbye to sovereignty. Our responsibility should be to give total co-operation to ICC," he said.

The Star established the invitation to President Al Bashir was sent out early last week, but the information was kept under wraps.

The decision to invite the regional heads of state including President Al Bashir was made by the joint committee chaired by the head of the Civil Service Francis Muthaura and the Permanent Secretary in the Prime Minister's Office, Mohammed Isahakia.

"Isahakia represents the PM's side of the coalition government and he knew of the Al Bashir's invitation," a member of the committee said.

During a briefing on preparations last Wednesday, Muthaura refused to reveal the final list of invited heads of state citing security reasons.

Sources at the Ministry of Foreign Affairs said they had expressed their concerns about Bashir's invitation. But by the time they learnt of this, the invitations had already been sent out.

"It would have been embarrassing for us to rescind the invitation after the President had already confirmed receiving it," the sources said.

The Sudanese Embassy in Nairobi confirmed their President received a formal invitation and sent an advance security team a few days before arrival.

The press counselor at the Sudanese Embassy Sadig Somaya said President Bashir flew into Nairobi on Friday morning through the Jomo Kenyatta International Airport and not Wilson Airport which had been closed during the ceremony. Bashir joined the other heads of state at State House, but left soon after 2 pm.

Bashir was accompanied by a delegation of 13 people including his Foreign Affairs minister Ali Karti, his adviser Mustafa Osman, Chief of Security Mohamed Atta and three journalists from Sudan TV.

He was received at the airport by Cabinet minister Najib Balala and Foreign Affairs Minister Moses Wetangula.

At a press briefing yesterday, the government defended itself against growing criticism.

Foreign Affairs assistant minister Richard Onyonka said the government was within its rights to invite the heads of state from the region.,

"Kenya is a sovereign country and we have an obligation to respect our interests first," said Onyonka. He was flanked by Cabinet ministers Balala, Amos Kimunya and Samuel Poghisio, assistant ministers Aden Duale and Mureithi Nderitu and MPs Jeremiah Kioni and Mohamed Affey.

They took issue with the international condemnation including US President Barack Obama and former UN Secretary General Kofi Annan's disappointment over the government's failure to act on the ICC warrants.

Balala and Kimunya said the US had no right to criticise Kenya as it is not signatory to the Rome Statute.

"Kenya's interests come first, then our regional interests through the AU and finally international interests come third," said Kimunya.

The leaders said Kenya was obligated more to the African Union than any other international body. The AU has in recent months called on the UN Security Council to defer the proceedings against Bashir for at least a year as they seek a lasting solution.

It said that Kenya was bound by the African Union Resolution that called for the delay for the implementation of the arrest warrant on al-Bashir.

" The same UN Security Council, which has ignored this request by AU member states and which includes states that have no obligations to the International Criminal Court, has no moral authority to sit in judgment over Chad and Kenya. Indeed, by virtue of their membership of the African Union, these two countries have committed themselves to 'condemnation and rejection of impunity' and voluntarily negotiated the Rome Statute along with the Organisation of African Unity and joined the ICC with a view to enhancing the fight against impunity," said the AU in a statement.

A senior official in the Ministry of Foreign Affiars said Bashir's invitation is an indication of government plans to have the AU support it's request to have the ICC defer its case against suspects of post election violence.

"Don't be surprised if in the next few days or weeks you see either Kenya on its own or through the African Union presenting a request asking ICC to defer the Kenya case for at least one year. The people behind the invite want this done to save some politicians who are the targets of Ocampo's investigations," the source said.