The Kenyan Legal experts and the high officials of the executive have been strategically placed in logger heads with each arm of government fighting to safeguard the 'bird' in the hands.
The Sudanese President Omar Al-Bashir has hit up the media furiously expressing his disappointment on the ruling made by the Kenyan Judge Justice Nicholus Ombija that gave an order for the Field Marshal Omar al-Bashir to be arrested if he ever steps foot in Kenya.
The foreign affairs minister Moses Wetangula described the ruling as a 'judgement of error'
.He also expressed fears of imminent break in diplomatic relationship between The Republic of Kenya and Sudan state in the awake of an ultimatum given by Al-Bashir to Kenya state to overturn the ruling within two weeks.
President Al-Bashir has threatened that his country would inject sanctions against Kenya, including banning
flights by any airline taking off or destined to Kenya,
overflying Sudan`s airspace.Most flights coming into Kenya from Europe overfly Sudan.
The Sudanese strongman has also threatened to expel more than 1,500
Kenyans living in Sudan and ban its exports to his country should it
fail to overturn the ruling within the next two weeks.He has also threatened to expel Kenya’s ambassador to Sudan, Mr Robert Mutua, if no action is taken to revert the ruling.
The judiciary has shown no hope of allowing such an over-rule as the Head of the judiciary Chief Justice Willy Mutunga took a tough line in defending the judiciary and cautioning other arms of government not to interfere with its` independence.
Neither is it clear whether judges in the Court of Appeal will buy the government’s arguments to set aside the ruling.Veteran lawyer Paul Muite as published in the daily nation said that on a legal position of the matter, a resolution of the Intergovernmental Authority on
Development (IGAD) or African Union, which the government is relying
upon to challenge the ruling, is inferior to our constitution and a resolution of the Geneva Convention is
also inferior to the Rome Statute which Article 2(6) of the Constitution
domesticates.His opinion affirmed that Justice Nicholas Ombija’s ruling was
sound, and hardly will any court set it aside.
If this is the case,Kenya`s diplomatic relation with Sudan will be at a bonfire .Various adverse effects will be felt especially in commercial and tourism sectors if Kenya is denied the use of Sudan airspace.
The life of students ,workers and other Kenyan citizens in Sudan will also be at risk.We as nation would have destroyed a peaceful relationship with a neighboring nation which we have lived in harmony since time immemorial due to matters which do not directly affect our well being as a nation.
There is a saying by the old wise geek that 'Friendship begins at home'. The courts decision to exercise its role in enacting the rule of law in regard to the Rome statute in which Kenya is a signatory is not misplaced.That`s a clear indication that the spirit of the new constitution is running in the blood veins of the reforming judiciary.
.
If the Kenyan nation does not exercise the ruling decreed by Justice Nicholus Ombija, it will be a clear litmus that the Kenyan state will also not be able to honor the ruling awaited by the ICC on the Ocampo Six.
However ,issuing an arrest warrant against a sitting head of state in which we enjoy joint friendship ties is not a good idea.The head of state in the discretion of his seat can exercise powers to the Kenyan state that will leave us forever regretting not to have calculated our opportunity cost in the right way.
Whatever decision that will stand will have either a benefit or some detriment to the Kenyan Nation.The question remains,which one out ways the other?
By Okechi Dennis,
A law student at the Kenyatta University
2 comments:
Are we going to suffer because of ICC , leave him alone , Bashir had done nothing wrong to kenya , We getting deep in trouble , we havent even done with somali yet , we jumped to sudan , My beloved kenya ,we going the wrong way . God help us the innocent citizens , for sure we the ones who going to suffer if all this happens .
The judiciary has exercised its jurisdiction in giving such a concrete unexpected ruling.This is a clear indication that this arm of government is ready to take Kenya forward in the new Legal generation.
Its illogical for Kenya to be a signatory to the Rome statute yet it allows an individual with an arrest warrant from the ICC shining brightly on the neck,to walk in and out of Kenya without any action.
How on earth would you expect the same state to uphold the awaited ruling by the ICC on the Ocampo six come December 24th.
Post a Comment