Kenya was heavily criticized by the International Criminal Court (ICC) and foreign governments for failing to arrest Bashir when he attended a ceremony to enact a new Kenyan constitution in August last year.

The African Union has told its members not to heed the arrest warrant for Bashir, saying that while it did not condone impunity, the ICC appeared to be singling out African leaders.

However, as an ICC member state, Kenya is obligated to cooperate with the court and its arrest warrants.

The court ordered Bashir's arrest after the Kenyan chapter of the International Commission of Jurists (ICJ) filed a suit against the attorney general and the internal security minister seeking a warrant of arrest to be issued against Bashir after Kenya failed to take him into custody.