The
Uhuru administration may have to handle its first diplomatic row if
Sudanese President Omar al Bashir who is wanted by the ICC attends
tomorrow's ceremony.
According to a Khartoum newspaper Akbar al-Youm which is considered
to be pro government, Bashir is expected to arrive today for Tuesday's
ceremony at Kasarani and will leave tomorrow for Chad. He is among
several heads of state and government who have been invited for the
ceremony.
Bashir’s attendance will however put the government—that of outgoing
President Kibaki and the incoming Uhuru administration— in a quandary as
there is an outstanding warrant of arrest against Bashir.
Bashir is wanted by the International Criminal Court over alleged war
crimes and genocide in Darfur region. The ICC issued an international
warrant for his arrest in 2008 which compels all countries who are
signatory to the Rome Statute to effect.
However, since then, Bashir has travelled to several friendly African
countries including Kenya when he was a surprise guest during the
August 2010 ceremony for the promulgation of the new constitution which
was held at Uhuru Park. Not even Prime Minister Raila Odinga was aware
that Bashir had been invited for the ceremony or even that he was going
to honor the invitation.
Subsequent to his visit, the International Commission for Jurists
went to court to compel the government to live up to its obligations
under the Rome Statute. High Court Judge Nicholas Ombija issued an
arrest warrant for Bashir if he stepped into the country.
Attempts by the Attorney General Githu Muigai to appeal against the
order and have the warrant lifted were unsuccessful. This means that
Bashir is liable for arrest if he comes into the country.
His presence may also complicate matters for Uhuru and his deputy
William Ruto who are both facing trial at the ICC. Both have severally
declared that they will fully cooperate with ICC even while at State
House.
Yesterday, the International Centre for Policy and Conflict executive
director Ndung'u Wainaina said the government is obligated to obey the
court orders.
“The High Court of Kenya issued a warrant of arrest against
Al-Bashir. The CJ (Willy) Mutunga told IG of Police David Kimaiyo, and
‘Court orders are law'. Article 132(5) of Constitution states the
President shall ensure international obligations are fulfilled,” he
said.
Even as the final preparations of the fete were going on, there were
indications that some of the Cord luminaries—outgoing PM Raila, Vice
President Kalonzo Musyoka and Moses Wetangula will not attend. They left
for a visit to South Africa and are due back tomorrow.
In a symbolic shift of power, all government offices and businesses
premises which display the president's portrait will remove Kibaki's and
put up Uhuru's portrait. This, according to the organizers of the
ceremony, is supposed to be done simultaneously as Uhuru is sworn in as
the next president. Kibaki's presidential standard will also be lowered
and Uhuru's light blue standard will be raised in its place.
The swearing in ceremony which is estimated to cost taxpayers Sh300
million is expected to start at 10 am and end at 2 pm, according to a
programme released by the inauguration committee headed by head of
public service Francis Kimemia. Invited guests will then go to the State
House where a garden party is expected to be held.
Foreign dignitaries including several African presidents were
expected to start arriving last evening. They are expected to be seated
at the Kasarani sports centre at 10.45 am.
The Chief of Defence Forces Julius Karangi will arrive at 11am and
will be followed five ministers later by Chief Justice Willy Mutanga,
the other five Supreme Court judges and the Registrar of Judiciary
Gladys Shollei.
Thirty minutes later, a guard of honour mounted by KDF will marche to
the stadium led by Lt Col Jeff Nyaga who headed the onslaught against
Al Shabaab in Somalia.
Five minutes later, deputy president-elect William Ruto accompanied
by his wife Rachel will arrive. He is expected to be followed into the
centre by Uhuru and his wife.
At 11.45am, President Kibaki will arrive and mount his ceremonial
Land Rover to take the last salute from the military. After the national
anthem, Kibaki is expected to inspect his last guard of honor before
the ceremony proper starts.
After taking his oath of office presented by CJ Mutunga, Uhuru will
be decorated with the Chief of the Golden Heart medal by Kibaki, will be
presented with the ceremonial sword and a copy of the constitution. A
21-gun salute to honor the incoming president will be followed by the
National Anthem.
Ruto will be sworn into office by Shollei and will take over the
programme which will see President Museveni invite Kibaki to deliver his
valedictory (closing) speech. After the ceremony at Kasarani, Kibaki
will attend the luncheon at State which will be hosted by his successor
and leave.
Spurce: http://www.the-star.co.ke