AG appeals Al-Bashir ruling

The Attorney General on Wednesday asked a court to suspend the warrant of arrest against Sudan President Omar Al- Bashir.

The AG told the Court of Appeal that  the relationship between Kenya and Sudan  will break down if the warrant is upheld.

Ministry of Foreign Affairs PS Thuita Mwangi also supported the case in an affidavit.

He says the  ruling which ordered the arrest of President al-Bashir has led  to uncertainty in the region.

Kenya’s national interests are likely to be hurt should the arrest warrant be upheld, says Mr Mwangi.

Deputy solicitor-general Muthoni Kimani, who was representing the AG, faulted Justice Nicholas Ombija’s decision arguing that the judge failed to appreciate that serving heads of state are guaranteed immunity under the general rules on international law which form part of Kenyan laws.

The judge, he said also failed to apply the provisions of the International Crimes Act which state that only a minister can present such an application.

Furthermore, the continuing uncertainty between the two countries is likely to see Kenyans working in Sudan expelled.

The action by the AG is a move to save the strained diplomatic relations between Kenya and Sudan.

The warrant was issued by High Court Judge Ombija on November 28.

The Kenyan Chapter of the International Commission of Jurist had sought the arrest warrant for Mr Bashir.

The judge directed the Internal Security minister to arrest President Al-Bashir, who is wanted by the International Criminal Court for crimes against humanity and genocide, if he comes to Kenya.

The Sudanese President responded to the court ruling by giving the government two weeks to overturn the decision, or he would impose sanctions on Kenya.

Organisations like the African Union have also called on Kenya to ignore the court ruling.