Accused genocidaire Omar al-Bashir, who is the subject of an arrest warrant issued by the International Criminal Court, was welcomed to Kenya last Friday, in contravention of Kenya’s obligation to arrest him. Dignitaries from a number of different countries were invited to witness the signing into effect of Kenya’s new constitution, and the welcome shown to al-Bashir seems to send a clear signal that people in power in Kenya intend to continue to regard themselves as being above the law.
The International Criminal Court is currently investigating a number of crimes that were committed in Kenya in 2008 in the wake of disputed elections. After Kenya’s parliament prevaricated for more than a year over how those responsible for perpetrating the crimes were to be tried, or whether they were to be held to account at all, responsibility for conducting the trials was handed over to the International Criminal Court.
It has been speculated that Kenya’s leadership as a whole does not want anyone to be held accountable for the post-election atrocities. There has been a long history of immunity with senior political figures not being held accountable for embezzlement, murder or any other types of crimes. The latest incident with al-Bashir suggests that the forthcoming International Criminal Court proceedings will not be met with co-operation.