Sudan's President Bashir defies arrest warrant to attend ceremony in Kenya

Kenya ignored the arrest order slapped on President Omar al Bashir, who faces charges of genocide, by allowing  the Sudanese leader to join other  dignitaries  to witness the promulgation of  the country’s  new constitution.

The International Criminal Court (ICC) has accused  Bashir of war crimes against humanity and genocide in Sudan's rebel Darfur region, where an estimated 300,000 people died, in a massive operation allegedly organised by Bashir’s government. Bashir denies the charges.

The presence of Bashir is expected to attract condemnation from ICC and human rights activists pushing for his prosecution in Hague.

However, Foreign Affairs Minister, Moses Wetangula, defended the Sudanese leader’s presence, saying he responded positively to the Kenyan government’s  invitation.

“He is here in response to our invitation to all our neighbours in  the sub-region to attend this historic moment for Kenya, ” Wentangula said. “You do not harm or embarrass your guest. That is not African,” he added.

Wetangula said the government appreciated the presence of all the distinguished guests for honouring  the country.

Human Rights Watch had initially asked Kenyans not to invite the Sudanese leader, if it wanted the ceremony to be  a success.

“Kenya will forever tarnish the celebration of its long-awaited constitution if it welcomes an international fugitive to the festivities,” said Ms Elise Keppler, the organisation’s senior counsel in the International Justice Program.

Last month the African Union criticised the ICC's warrant for Bashir, and called  for its cancellation. The AU maintained the arrest of Bashir would disrupt peace in Sudan, adding the issue must be handled carefully.  Kenya has ratified the Rome Statute which established the ICC in 2002 that requires states to cooperate with the court. The ICC relies on member states to enforce its arrest warrants.

Last year, Uganda caused furor in the region, when the minister for international affairs, Henry Oryem Okello,  told the press that Bashir would be arrested if he visited the country.

The statement was, however, dismissed by President Yoweri Museveni, who apologised to the Sudanese leader, saying  the country had no intention of arresting him.

Bashir made his first trip to a full ICC member state last month, when he visited neighbouring Chad, which also did not arrest him.

At the promulgation ceremony, the  Sudanese leader was escorted into the historic Uhuru Park grounds, where the signing ceremony was conducted by Tourism Minister, Najib Balala, and a retinue of bodyguards. He was then ushered to his seat by Wetangula.

Sources who did not want to be named, said apart from attending the promulgation ceremony, Bashir was in the country to discuss the forthcoming Southern Sudan  referendum scheduled for January 2011 next year.

The ICC's chief prosecutor, Luis Moreno-Ocampo, is also investigating crimes committed during Kenya's post-election violence in 2008.  He has since announced that he will issue arrest warrants before the end of this year.