, NAIROBI, Kenya, Nov 18 – The Kenyan Section of the International Commission of Jurists (ICJ) has moved to the High Court seeking a provisional warrant of arrest against The President of Sudan Omar al Bashir.
In the case filed at the High Court, ICJ also wants the court to order the Ministry of State for Provincial Administration to effect the arrest warrant when Al Bashir sets foot within Kenyan territory.
Al Bashir is wanted by the International Criminal Court for alleged crimes against humanity during the war in Darfur.
In an affidavit in support of the case, ICJ Executive Director George Kegoro says that Kenya being a signatory of the Rome Statute should effect two outstanding warrants against President Bashir.
“There are also two requests for cooperation in the arrest in the arrest and surrender of Omar al Bashir issued by ICC on March 6, 2009 and July 21, 2010 to states that are parties to the Rome Statute,” Mr Kegoro said.
“Al Bashir came to Kenya on August 27 and the Kenyan authorities in utter disregard of their obligations under the international law and the laws of Kenyan failed to enforce the warrants of arrest,” he adds.
The ICJ is apprehensive that President Bashir will once again in the near future come to Kenya.
“The applicant is apprehensive that should Omar al Bashir come to Kenya, the respondents in total disregard of the law will once again fail to effect an arrest warrant against him as they previously did.”
Following al Bashir’s visit to Kenya there was widespread outcry and condemnation to Kenyan government. The ICC was forced to report Kenya to the United Nations Security Council for action.
Kenya has however reiterated its commitment to the Rome Statute and cooperation with the ICC.
The International Criminal Court is investigating the 2007/2008 post election violence that rocked Kenya, leaving at least 1,500 people killed and close to 500,000 others uprooted from their homes.
ICC prosecutor Luis Moreno Ocampo early this week indicated that he would present two sets of offences against six Kenyans who are most responsible for the violence.
The six include senior officials from both the Orange Democratic Movement’s and the party of National Unity.
The cases should be presented before the end of this year.