ICJ Kenya has now obtained the actual Provisional Warrant against President Omar el Bashir of the Sudan, if he should come to Kenya. As provided for under section 32 of Kenya’s  International Crimes Act, the warrant has been signed by Justice Ombija, the judge who issued it, and sealed by the High Court. The Warrant can be downloaded here:

ICJ Kenya has served the warrant on the Minister for Internal Security as the High Court had ordered when issuing the warrant. It is our view that, legally, President Bashir cannot come to Kenya now without the risk of an arrest. We have made the letter to the Minister for Internal Security, Prof. George Saitoti, available here:

Meanwhile, the case came up before the Court of Appeal on January 23, 2012 for a ruling on a preliminary objection that ICJ Kenya had raised, to the effect that the Attorney General is not a competent representative of the Kenya government in criminal cases, such as the Bashir litigation.

The judges were away in Mombasa, which meant that nothing happened in court. We expect the court to notify us of a new date for the ruling once they are back in town. We are not worried by the delay as the status quo is in our favour.