Many Kenyans were disgusted when Omar al Bashir turned up for a party in Kenya last month to celebrate the country’s new constitution. They were dismayed when authorities failed to arrest the Sudanese president even though the International Criminal Court issued a warrant for his detention. His controversial visit raises the question of whether the Kenyan government, despite signing up to the ICC, is genuine about wanting to cooperate.

By Koert Lindijer

Kenya, of course, has its own problems when it comes to the ICC. Several leading political figures have also been indicted as perpetrators of violence in Kenya’s election in 2007/8. Could it be that Kenya’s failure to detain al Bashir has anything to do with its own politicians’ fear of being hauled before the court?

Former UN Secretary-general Kofi Annan said “the Kenyan government should clarify its position on the ICC”. The Kenya National Human Rights and Equality Commisson (KNHREC) said by hosting the Sudanese president Kenya has sent the wrong signals to the post-election violence victims and to the ICC.

KNHREC chairman Florence Sambiri-Jaoko believes that the government’s lack of action is a statement of impunity and sends a worrying message on the implementation of the new constitution.

“We want an assurance from the government that it would co-operate with the ICC and hand over people implicated in the skirmishes, because the country is under investigation by the court.

The controversial visit put the fragile coalition of Prime Minister Raila Odinga and President Mwai Kibaki under strain. The invitation for Bashir came from Foreign Minister Moses Wetang’ula, a member of Kibaki’s PNU party.

Members of Odinga’s ODM party claim not to have been in the know about the visit and they deplored Beshir’s presence. The Foreign minister said Bashir’s visit had helped to unlock outstanding peace and security issues in Sudan. ODM members, however, accused the minister of appeasing a “blood-thirsty tyrant with blood on his hands” in the pursuit of economic interests and in the name of African solidarity.

The Kenyan foreign minister based his opinion on the African Union, which at a summit last year in Libya decided not to collaborate with the UN in arresting Bashir. The AU made its decision after having asked the UN Security Council to postpone the case against Bashir for a year.

The pan African organisation fears peace efforts for Southern Sudan and Darfur will be in danger if too much outside pressure is put on the Sudanese president. The International Center for Policy and Conflict considers this argument about African Union resolutions “just another cover-up or an African leaders’ peer protectionism strategy”.

Bashir was received at the airport by Tourism minister Najib Balala, the most prominent member in the government of Arab descent. “I felt proud to receive him”, he said, thereby going against his party boss Raila Odinga who denounced the visit.

Referring to the Rome Statute establishing the ICC, Odinga said:

“We have no problem with Sudan as a neighbour, but we are a signatory to the Rome Statute. We are going to look very bad in the eyes of the international community if we invited somebody indicted to spoil the party for us”.

Kenya has played a major role in war and peace efforts in Southern Sudan over the last thirty years and the final stage of that process is coming up in January with a referendum on independence. With that historic event in sight it is understandable that Kenya does not want to offend Sudan.

But there is more at stake than the important relationship with Sudan. With the implementation of a new and liberal constitution, Kenya is keen to be seen as Africa’s fastest democratising country, a country where “western” ideas about tolerance, pluralism, religious and press freedom are being established.

But by openly welcoming Bashir, Kenya has done neither itself nor the African continent any favours. Its action has undermined other countries such as South Africa and Uganda who pointedly refuse to receive him. Beshir can feel relaxed again about traveling within Africa.