I remain a supporter of international criminal justice but all this talk about Kenya supporting the impunity of Al Bashir is unwarranted.
It is true that Al Bashir did not do enough to stop the atrocities that happened in Darfur. It is also true that Kenya as a signatory of the ICC was obligated to arrest him in respect of the Rome Statutes
However, in the same line, Kenya has the responsibility of respecting AU decisions and fostering peace, unity and stability in the region nad continent.
Africa has already expressed displeasure on the ICC handling of the Darfur situation. So even before the UN security council considers the ICC notice that Al Bashir was in Kenya, it should address the issues raised by the AU on the Darfur matter.
Kenya remains a sovereign state and has the right to have whoever it wants on its soil without bending to the demands of the international community.
Those demonising the Kenyan government should consider Al Bashir’s presence in Kenya as a union to witness the opening of a new chapter in the country and the region.
More importantly, Kenya’s successful promulgation of a new constitution offers great lessons to Sudan as it heads to a referendum in January, 2011.
Kenyan interests in Sudan outweigh the perceived responsibility of the country to the international community.
Kenya has had the stability of Sudan close to its heart especially with peace efforts stretching back more than a decade.
What makes anyone think that Kenya is going to sabotage this by helping a poorly structures system called the ICC?
It is the obligation of the international community to restructure the ICC and ensure that it meets the necessary standards.
Let it have its own police to make arrests instead of putting countries that are working together at loggerheads.
Some have argued that Al Bashir must be punished. True. However, Sudan is going through a very important transition moment in its history and cannot be made to break because of one man.
The international community must focus on the Sudan people and not this one individual. The unity and prosperity of the Sudanese people outweigh putting Al Bashir in jail.
Countries such as the US led by Obama should not even lecture Kenya about this. Sign the Rome Statutes first and then we can talk about the issue.
The ICC is a noble idea yes but it cannot be used to divide a region just for the sake of justice to be seen to have been done.