By The Namibian

NAIROBI - Kenya adopted a new constitution on Friday but the landmark was overshadowed by an international furore at the presence of Sudan President Omar al-Bashir, whom an international court has indicated for genocide and war crimes.

Watched by tens of thousands of his countrymen, Kenya's President Mwai Kibaki signed the constitution into law at a colourful ceremony in Nairobi's main park, just over three weeks since it was overwhelmingly endorsed in a national referendum.

“Today is a great day for Kenya,” said Kibaki, who took a new oath of office after signing the new charter into law. “This is the most important day in the history of our nation since independence.”

The president sparked wild applause as he reverently held aloft a bound copy of the new constitution and executed a slow pirouette to show it off to the crowd and assembled African dignitaries.

The document, overwhelmingly approved in a national referendum earlier this month, is a pillar of reforms aimed at averting a repeat of the violence that killed more than 1 000 people following the disputed 2007 election.

But reaction abroad was one of consternation over the attendance of Bashir, one of a handful of heads of state to attend, including Rwanda’s Paul Kagame and Uganda’s Yoweri Museveni.

The European Union and the International Criminal Court (ICC) said Kenya had a “clear obligation” to arrest Bashir as a signatory to the court’s founding treaty, and the ICC said it was reporting the breach to the United Nations Security Council.

US President Barack Obama said he was “disappointed” Kenya hosted Bashir in defiance of ICC arrest warrants, adding: “In Kenya and beyond, justice is a critical ingredient for lasting peace.”

UN Secretary General Ban Ki-moon urged “all States party to the Rome Statute to cooperate with the Court and this would be consistent with Security Council resolution 1593” which referred the Darfur atrocities to the ICC, said his spokesman Martin Nesirky.

Kenya’s Foreign Minister Moses Wetangula brushed aside the criticism. “He was here today because we invited all neighbours and he is a neighbour. “There are no apologies to make about anybody we invited to this function because I am sure we are enhancing peace and security and stability of this region more than anything else,” he added.

However, Deputy Defence Minister David Musila said Kenya had “brought shame to itself” adding that Bashir should be “arrested immediately and handed to the ICC.” Bashir, however, was back home in Khartoum within hours.

Hordes of flag-waving Kenyans thronged Nairobi’s Uhuru Park (freedom park) where a military parade, a helicopter overflight and a 21-gun salute marked the elaborate ceremony.

“As Kenyans, we should be proud of making history as one of the few nations in the world that have successfully replaced their constitution in peace time,” said Kibaki after acknowledging the presence of Bashir by mentioning him by name at the start of his speech.

http://www.namibian.com.na/news/world/full-story/archive/2010/august/article/spat-over-bashir-overshadows-kenyas-landmark-celebrations/

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