Wetangula confident Bashir appeal to succeed

Foreign Affairs minister Moses Wetangula has said the Executive is confident its appeal against the High Court ruling that ordered the arrest of Sudan’s President Omar al Bashir will succeed December 6, 2011. FILE

Foreign Affairs minister Moses Wetangula has said the Executive is confident its appeal against the High Court ruling that ordered the arrest of Sudan’s President Omar al Bashir will succeed.

In an unsolicited statement in Parliament, the minister told MPs, that had Attorney General Githu Muigai sent a powerful team of lawyers to defend the government in the case, the arrest order for the fugitive Sudanese leader would not have arisen.

“If there’d been proper representation (in court), we’d not be where we are right now,” Mr Wetang’ula said.

MPs put the minister under siege and sought to know why the Executive was busy pleasing Mr Bashir, yet Kenya’s law was clear about the independence of the Judiciary.

Gitobu Imanyara (Imenti Central) and Boni Khalwale (Ikolomani) also sought to know if the government was ready to honour the court ruling and arrest Sudan’s President if he ever sets foot in Kenya.

Mr Wetang’ula told the MPs to read the Vienna Convention on diplomatic immunity that bars the arrest of sitting Head of States or Governments.

“The Vienna Convention under our Constitution will be superior in interpretation to any domestic law,” the minister said.

Millie Odhiambo also asked the minister about the secret plan that the Executive had to ensure that the appeal is heard in court within two weeks, a time within which he has to report to Khartoum, about the steps Kenya had taken to quash the arrest order.

“You’re not God. The last time I checked, you were not the Chief Justice. How will you ensure that the matter is heard,” Ms Odhiambo said.

To this Mr Wetang’ula replied: “The Attorney General has filed an appeal, and I have no doubt that he has a very good chance in law.”

The minister denied saying that the government will not obey the arrest order issued by the court.

"The phrase ‘incapable of obedience’ is not an assault on the Judiciary. It never will be,” he said

“It should not be lost that I am a lawyer of two-decades standing. I said this is a ‘judgment in error’ of law. At no time did the foreign office of Kenya say they will disobey,” Mr Wetang’ula said, and took issue with an un-named activist who said that the minister was acting with impunity.

With the support of Olago Aluoch (Kisumu Town West) the minister criticised Chief Justice Willy Mutunga for speaking over the ruling.

“It can easily embarrass him, because this matter can go to the Court of Appeal and end up at the Supreme Court where he’s President,” said Mr Wetang’ula said.

Mr Aluoch added: “While a matter is active as this one is, the Chief Justice must be cautious and avoid making public comments.”

Njoroge Baiya (Githunguri) defended the Chief Justice saying all Dr Mutunga sought to do was to “defend the Judiciary against attacks by the Executive”.

Mr Wetang’ula and his Defence counterpart Yusuf Hajj said they had a very hard time convincing a vindictive Sudanese President, especially the retaliatory and reprisal measures that had been activated against Kenya.

Despite the diplomatic and legal experience of his colleague, Mr Hajj said his colleague had a tough time convincing Mr Bashir that something was being done. As a result, the fugitive President demanded to see action in Kenya within a fortnight.

“1,500 Kenyans, among them students studying in Sudan face expulsion; our ambassador Robert Ngesu was under expulsion. Kenya contributes contingent of police under UNAMID (United Nation Peacekeeping Force in Darfur); Sudan was contemplating the removal of those policemen. Peace keepers under the UN do so under the concurrence of the recipient country,” Mr Wetang’ula told the House.

He said Kenya stood to lose business worth USD 250 million in tea exports and also the airlines destined for Kenya that fly over Sudan were also to be kept off Sudan’s airspace.

Kenya is the chair of Comprehensive Peace Agreement  implementation committee of the IGAD (Intergovernmental Authority on Development) in South Sudan, but there are issues in  Blue Nile, South Kordofan states of the Sudan which are pending, the minister said.