Al-Bashir threats met with outrage
The two-week ultimatum issued by Sudanese President Omar al-Bashir for Nairobi to overturn a High Court order for his arrest has sparked outrage and scepticism.
Lawyers on Sunday said the ultimatum was unrealistic and warned it could lead to a crisis in the region.
The Sudanese strongman is wanted by the International Criminal Court on charges of war crimes and crimes against humanity allegedly committed by his army and allied militia in Darfur.
On Saturday, President al-Bashir issued a terse statement threatening to slap a broad array of sanctions on Kenya unless an order for his arrest issued by High Court judge, Justice Nicholas Ombija is set aside.
Prof David Kikaya, a former Kenyan ambassador said Khartoum should appeal the ruling instead of issuing threats.
“I can only see two ways to solve this matter. One is diplomatically through a healthy dialogue — not ultimatum — at the ministerial and even at Heads of State level. Secondly, there should a legal approach in which Khartoum should appeal the ruling,” he said.
Law Society of Kenya vice chairman Florence Kajuju said the due process must be followed for the appeal that the Executive has announced it would make.
“Ultimatums do not help at all and we are not under Sudan to be subject to baseless threats,” she said.
In the statement, President al-Bashir threatened to impose sanctions on Nairobi, including banning flights by any airline from or destined to Kenya, from flying its airspace. Most flights into Kenya from Europe fly over Sudan.
However, Prof Kithure Kindiki, said Khartoum would not go far in implementing the air traffic sanctions since enforcing them would violate international law, specifically the Convention on International Civil Aviation.
“He has the right to repudiate the bilateral air agreements with Kenya but he cannot extend it to third parties,” Prof Kindiki noted.
In Eldoret, National Council of NGOs chairman Ken Wafula threatened to mobilise Kenyans to arrest al-Bashir should the government allow him into the country.
“Kenya is a sovereign state and a president of another country has no powers to interfere with its institutions, including the Judiciary,” said Mr Wafula.
