This article was last updated on April 16, 2022
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Annan challenged the Kibaki administration to come clear and explain how Bashir ended up as one of the invited guests.
He said the coalition government should also reaffirm its commitment to the Rome Statute and its association with the International Criminal Court (ICC).
"in the circumstances, the Government should clarify its position and reaffirm its cooperation with and commitment to the ICC," said Annan.
The former UN chief who was at the historic Uhuru park grounds on Friday to wittiness fruits of his mediation in the Kenyan chaos of 2008 said he was shocked to see Bashir show up among other dignitaries.
"Like many, I was surprised by the presence of President Bashir of Sudan in Nairobi for the promulgation of Kenya’s new constitution’ said Annan.
In a statement, Annan who chairs the African Eminent Persons grouping, said Kenya has specific obligations as a signatory of the Rome Statute and is also cooperating with the ICC on investigations relating to post-election violence.
He demanded that the coalition government makes clear its positions concerning Bashir visit.
Annan arrived in the country during the height of post-election violence and together with other eminent African personalities brought President Kibaki and Raila Odinga, now the Prime Minister, to agreed to share power.
The two principals, on the advice of Annan and recommendations from the Justice Philip Waki Post-Election Violence Commission, recommended that the ICC investigates and prosecute the perpetrators of the violence that left about 1300 Kenyans dead.
The ICC took over the Kenyans case and is in the processing of preparing prosecution evidence against three key perpetrators of the violence.
ICC Chief Prosecutor Moreno Ocampo has been in the country twice where he assured Kenyans that the Kenyan case was tight. He also called for the government’s support as per the Rome Statute.
Ocampo who met President Kibaki and Raila during is last visit got assurance of the government commitment to the Rome Stature in ensuring justice was done.
The ICC has already petitioned the UN Security Council to take action against Kenya for hosting Sudan’s president in defiance of international warrants for his arrest.
ICC judges in The Hague said Kenya has a "clear obligation" as a member of the court to cooperate in enforcing its arrest warrants for Sudanese President Omar al-Bashir.
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