Sudan & Kenya: Rights groups welcome arrest order against Bashir

from Judy Miriga

Folks,

Al-Bashir is the problem why Kenya’s Devolution Counties are not taking effect. He was the key financier of Al-Qaeda and Al-Shabaab in Kenya…….the reason why the head of Al-Shabaab is in Kenya and the tail in Somali. He is the key financier for Somali Pirates and Co-network of Museveni with Menes Zenawi President of Ethiopia. Al-Bashir is the reason for conflicts in North, East and Central African Nations where there are destruction of lives, pain and long sufferings of the poor and destruction of youth stability and the middle class, drug and human traffickings, the reason for instability in Somali and Congo with genocide of millions of deaths in South Sudan.

Yes, Al-Bashir must be taken to ICC Hague…….and the Court is independent to delivering legal justice. Wetangula has no powers to stop the Law from taking its Judicial execution of service. Let the whole world unite with the Judicial freternity to save this sorry situation……..It is the right thing to do……..and Wetangula MUST be investigated without fail…..he could be knowing who is who in the Pirate masterminder in Indian Ocean, Migingo and River Nile…..

Foreign Ministry with leadership of Wetangula is already questionable and cannot be taken serious. Wetangula needs to be investigated first before anything coming from him or from his leadership can be trusted. Wetangula is the reason Al-Bashir cum Al-Shabaab and is the reason for Al-Bashir having hold and control in Kenya. Wetangula is the reason why Migingo was given to Museveni and the reason for Lake Victoria Fishing Industry was faked to Kakamega without proper trading agreement, and water from Lake Victoria and Migingo is being bottled in Uganda factories for export in Arab Countries without accountability and transparency as to who are the beneficiaries and stakeholders in these trading profits, yet the Kenyan Public pay taxes to the business community on top of their huge unscrupulous trading profits. Wetangula is the reason why Foreign Embassy’s money is being misappropriated and some was transferred to personal property, paying college fees to foreign students who as lobbyist, transact and facilitate such shoddy deals under unclear program, he is the reason why The South Sudan Oil Wells with River Nile have been surrounded for special interest ……..and now, we DEMAND that Wetangula be investigated urgently and expeditiously. …..It is because Wetangula might make an interesting witness at ICC Hague……..for violation, Abuse and Crime Against Humanity…….including matters that touches on shoddy illegal and unconstitutional deals, pain and long suffering of humanity, drugs, pirating, human trafficking and organ trafficking.

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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Rights groups welcome arrest order against Bashir

By Beauttah Omanga

Human rights organisations and lawyers welcomed court ruling on Sudan President Omar Bashir, and termed expulsion of Kenyan envoy an “over-reaction”.

Lawyer James Mwamu and the chair of the Kenya National Commission on Human Rights Florence Jaoko described the ruling as historic, but demanded that the Government makes a commitment to comply.

Mwamu said Bashir should not react as if it was the Government that gave the arrest orders.

“The onus is now on the Government to effect the order,” said the vice-president of the East Africa Law Society.

Jaoko, George Kegoro of the International Commission of Jurists and Senior Counsel Paul Muite termed Sudan’s reaction “very unfortunate”, as it did not take into account separation of powers, saying local Judiciary was independent.

respect

Muite said the ruling was a milestone in restoring Kenyans’ faith the Judiciary. Mr Kegoro said the Sudan leader’s move to end ties with Kenya were geared at pre-empting similar moves by civil societies in other African countries.

“President Bashir has overreacted. We went to court as citizens in respect to our Constitution,” said Kegoro.

Kenya to challenge warrant for Sudanese President

Monday 28th 2011

The Kenyan government will contest a warrant issued by a domestic court for Sudan’s President Omar al-Bashir after failing to arrest him on a visit last year, the foreign ministry said Tuesday.

A Kenyan judge issued a warrant for the Sudanese leader on Monday after the government failed to execute an International Criminal Court (ICC) warrant when Bashir visited Nairobi last August.

Bashir is wanted in The Hague-based ICC for alleged war crimes, crimes against humanity and genocide committed in Sudan’s Darfur region, where the UN says at least 300,000 people have been killed in the eight-year conflict.

Kenya has ratified the ICC’s founding Rome statute, which theoretically obliges it to execute the court’s warrants.

Judge Nicolas Ombija said the court ruling meant that Bashir’s arrest “should be effected by the attorney general and the minister for internal security should he ever set foot in Kenya”.

But Foreign Minister Moses Wetangula said in a statement on Tuesday: “Since our judicial system provides for right of appeal, we shall carefully look at the judgement with a view to requesting the attorney general to expeditiously prefer an appeal in the matter.”

Bashir had attended a ceremony in Nairobi to mark the adoption of Kenya’s new constitution.

After he left the country a free man, the Kenyan chapter of the International Commission of Jurists, an association of legal professionals that promotes human rights, approached the courts to issue a warrant.

Bashir is the subject of two arrest warrants issued by the ICC for atrocities committed in Darfur in western Sudan. The first was issued in March 2009 for war crimes and crimes against humanity. The second was issued in July 2010 on charges of genocide.

Kibaki to chair talks on Sudan plea

By Luke Anami in Bujumbura

Sudan’s application to join the East African Community (EAC) now hangs in the balance following the diplomatic row between Khartoum and Nairobi ahead of the bloc’s Heads of State Summit in Bujumbura.

Signs of a showdown were displayed on Tuesday when some ministers openly opposed Sudan’s inclusion ahead of Southern Sudan application.

Uganda’s First Prime Minister and Minister for East Africa Affairs Eriya Kategaya said it would be wrong to admit a country whose political leadership is under scrutiny for violations of human rights .

“Sudan does not share a border with any member of the EAC partner States. It will be wrong to admit it before that of South Sudan,” Kategaya said.

“If you look at several issues like their democracy, the way they treat women and their religious politics we feel they don’t qualify.”

Minutes after arrival

The seriousness of the matter was underlined when President Kibaki, minutes after arrival in Bujumbura, went into a briefing session with East African Community Minister Musa Sirma, his Foreign Affairs counterpart Moses Wetangula, and Attorney General Gitu Muigai.

“The AG and the EAC minister are briefing the President this afternoon before the meeting tomorrow. The issue of Sudan will form part of the agenda at the Heads of State summit,” EAC PS David Nalo said in an interview with The Standard.

Interestingly, Kibaki will chair the summit that will determine Khartoum’s application after taking over leadership from Burundi’s Pierre Nkurunziza.

Prof Muigai was busy preparing a brief by the time we went to press.

Briefing the media last week, EAC Secretary General Richard Sezibera said Sudan President Omar al Bashir in June wrote to Nkurunziza expressing his country’s interest in joining the bloc.

South Sudan made its application this month. “We received South Sudan’s application some weeks ago,”Dr Sezibera said. “But the Heads of States will discuss Sudan’s application first, before agreeing on any move,” he added.

Nairobi Star (Nairobi)

Kenya: Arrest Omar Al-Bashir If He Steps in Nation – Court
Jillo Kadida
29 November 2011

A judge yesterday obligated the Attorney-General and Security minister to arrest Sudan President Omar Bashir should he set foot in Kenya. In an order seen to shame government officials who feted Bashir as a state guest during the constitution promulgation on August 27, 2010, Judge Nicholas Ombija decreed he must be arrested and sent off to The Hague to answer to charges of crime against humanity in relation to the Darfur crisis.

And should the state fail to execute the warrant, the judge said, the International Commission of Jurists Kenyan Chapter – which sought the court order – should go back to court and seek another order to compel the state to perform its duty under the international laws. Bashir has been indicted by the International Criminal Court for genocide crimes committed in Sudan.

The court also issued two warrants of arrest which have never been enforced. The jurists’ organisation said it was forced to move to court after the government invited Bashir to the ceremony on August 27, 2010.

Despite two warrants hanging over his head and two requests made by ICC to the Rome Statute member states to apprehend Bashir and hand him over so that he can face the law, the Sudanese President walked into the country and out without any trouble. The question of his arrest was never raised. Instead Kenyan officials gave excuses as to why they did not apprehend him.

Among the excuses given was that the African Union had requested for suspension of the warrant and Kenya being a member of the Union could not go against these wishes. The Kenya government cited strategic interest in the neighbouring country. Foreign Affairs assistant minister Richard Onyonka said arresting Bashir may have risked disrupting peace in Sudan. “Apart from being an immediate neighbour, Sudan’s stability is vitally linked to Kenya’s continued peace and well being,” he said.

Onyonka said Kenya has an obligation, both as a neighbour and as a mediator in the peace agreement, to keep talking with the leadership of Sudan’s power-sharing government to ensure that peace is sustained. He said the Kenya government also invited Salva Kiir, the Sudan vice-president who is now Southern Sudan’s leader, to attend the promulgation.

Kiir could not attend because government protocol does not allow the president and vice-president to travel abroad at the same time, Onyonka said. “We must have a peaceful resolution to the issues of Sudan and Kenya is going to make sure that we achieve the results,” he said. “If it means negotiating with both parties we shall.”

Transport minister Amos Kimunya said at the time: “It is important, as Kenyans, for us to appreciate that Kenyan interests must come first, regional interests come second and international interests come third.” Under the Rome Statute any member state is under obligation to arrest any individual accused of committing crimes against humanity irrespective of his or her state, where the crimes were committed or their social status.

Yesterday judge Ombija said having ratified the Rome Statute which created the ICC, Kenya is under duty to apprehend any war criminal. He said the international law forms part of Kenyan law and is recognised by the country’s constitution. This means the government’s failure to arrest Bashir amounts to violation of its duty. The ICJ Kenyan Chapter blamed the Kenya government for failing to arrest Bashir when he visited the country.

According to ICJ, the Kenya government, in utter disregard of its obligation under international law, failed to arrest Bashir despite the existence of two warrants of arrest issued by ICC. The government however opposed the case and issuance of warrant saying ICJ does not have powers to institute the case. It said the request for provisional warrant of arrest against Bashir ought to be made by ICC first.

In one of its letters, the ICJ called for arrest of Bashir in the event he turns up for the Igad Conference scheduled to be held in the country which was later moved to Ethiopia for fear that he will be arrested. A statement from the ICC Registrar, Silvana Arbia, had said: “The International Criminal Court requested the Republic of Kenya to inform the Chamber, no later than 29 October, about any problem which would impede or prevent the arrest and surrender of Omar al-Bashir in the event that he visits the country on 30 October, 2010.”

— On Tue, 11/29/11, Judy Miriga wrote:

From: Judy Miriga
Subject: This is Good News …… Kenyan court issues arrest warrant for Sudan’s Bashir
Date: Tuesday, November 29, 2011, 10:37 AM

Folks,

This is good news. Let us watch how it plays……..It is only those guided through wisdom who will provide the driving force towards constitutional justification to balance Human Rights……It is only those whose conscious uprightness, will guide them to do what is legally right, who will provide the Revolution needed for Human Rights Oppression and Realistic Justified Freedom to Liberty from hypocritical unscrupulous International Corporate business interest. It is only those whose uprightness to Reform the change we all need, who will be the true advocates for fair Socio/Economic and Political landscape challenges towards common Mutual progressive development agenda for sustainable stability in a level playing field.

It is of such actions of the likes of Justice Nicholas Ombijah who will provide Treasure for African Wealth and which will value, provide dignity, honor and virtue to security of life……..A New Vision which is capable to generate Faith we can all believe in and Trust……..

Our God will never leave or forsake us, He is an awesome God, He is true to his promises…..and to those who believe, …….God promised us life and good health, He did not promise us fear, pain, long suffering or despair and failure……we must all remain strong standing on God’s Promises getting involved in our own special ways to bring the change we all want, so we can be United under Peace in Love and caring for one another……..Let us all strive to see God answering our Prayers in each one of us in all our diverse situations……..

Kudos to Justice Nicholas Ombija, and may God continue to protect you, give you strength and wisdom to overcome temptation that will come your way, so justice may finally be achieved by the oppressed black, people of African descent…….and more specifically to Kenya…….Thanks to God, wickedness and evil spirit does not come from God, it comes from Satan, and Satan is a liar……….

Justice Nicholas Ombija, you are the best, and you are the winner………keep on keeping on and God in His Mercy, will see us all through…….This is the way to go people…….This is how we can bring change that we all want…….!!!

Cheers……!!!

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

Kenyan court issues arrest warrant for Sudan’s Bashir

By Judy Ogutu

Sudan President Omar al Bashir risks being arrested and handed over to the International Criminal Court (ICC) at The Hague if he sets foot on Kenyan soil.

This follows an order by a High Court Judge sitting in Nairobi to have the Sudan leader arrested.

Justice Nicholas Ombijah issued a warrant for his arrest on Monday following an application lodged by the International Commission for Jurists (ICJ) Kenya Chapter.

“The court hereby issues a warrant of arrest against Omar Hassan Ahmad al-Bashir as urged by the applicant. The order should be effected by the Attorney General (AG) and the Minister for Internal Security should he ever set foot in Kenya,” he ruled.

ICJ Kenya Chapter had applied for the same on the basis of an order for his arrest by the International Criminal Court (ICC).

The organization rushed to court soon after Bashir’s visit in Kenya on August 27, 2010 during the promulgation of the country’s new Constitution.

On Monday, the judge said: “Al Bashir came to Kenya on August 27 and the Kenyan authorities in utter disregard of their obligations under the international law and laws of Kenya failed to enforce the warrant of arrest.”

Bashir was the first head of state to be indicted by the ICC, which is accusing him of genocide and war crimes in Darfur. He has denied the charges, saying they are politically motivated.

About 2.7 million people have fled their homes since the conflict began in Darfur in 2003, and the UN says about 300,000 have died – mostly from disease.

Sudan’s government says the conflict has killed about 12,000 people and the number of dead has been exaggerated for political reasons.

In its application before court, ICJ Kenya had expressed fears that should he come to Kenya, the government will not effect the warrant of arrest which would be in total disregard of the law.

On Monday, the Judge ruled that according to the Constitution, any treaty or convention ratified by the government shall form part of the laws of Kenya.

On March 15, 2005, Kenya ratified the Rome Statute under which the International Criminal Court is established.

The Rome Statute, the Judge added, was in conformity with the Constitution of Kenya and the country was obligated to arrest him being a member state to the Rome Statute.

The State had opposed the application by ICJ Kenya chapter, saying it lacked locus standi (legal authority) to file the same. It was also its contention that the application was mute and moribund.

The judge overruled them saying it indeed had the locus standi.

“I am satisfied that the applicant (ICJ-Kenya) has the necessary locus standi. The application succeeds,” he stated.

The International Centre for Policy and Conflict (ICPC) on Monday welcomed the decision.

In a statement signed by its Deputy Director and Programmes Director, Mwaura Nderi, it said if the government does not execute the order it would be failing in its obligations as set out in the Rome Statute.

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