Why Kenya's name could come up in Sudan's case against UAE

Muawia Osman Mohamed Khair (left), Sudan's acting Minister of Justice, and Sudanese ambassador to the Netherlands Omaima Alsharief during a hearing before the International Court of Justice in The Hague, on April 10, 2025. [AFP] Kenya is likely to be mentioned in a case filed by Sudan at the International Court of Justice (ICJ) against the United Arab Emirates (UAE) over alleged complicity in crimes against humanity committed by the Rapid Support Forces (RSF) in Darfur. Two months ago, Sudan lodged a strong protest, accusing Kenya of supporting the RSF and its activities, including the alleged establishment of a parallel government in Nairobi. Malik Agar, the deputy chairman of the Sudanese Sovereignty Council, expressed his anger at President William Ruto's alleged interference in Sudan's internal affairs. "The actions taken by President Ruto represent a disturbing trend of external interference that threatens to divide Sudan. Why is Kenya intervening in Sudan's internal matters while expecting no repercussions?" Agar asked. Historian and international relations scholar Prof. Macharia Munene told The Standard that Sudan is likely to cite Kenya, a close ally of the UAE, as one of the countries supporting the alleged genocide in Darfur, which is allegedly being financed by the oil-rich Middle Eastern nation. on Firday, former Deputy President Rigathi Gachagua accused President Ruto's government of being complicit in the killing of children in Sudan. "The situation in Sudan is dire because we have allowed their gold to be illegally processed in Kenya, and guns are being smuggled through Nairobi to kill children in that country. What is this bitterness that this government has against young children?" Gachagua said at the Second Mwai Kibaki Memorial Lecture in Nairobi. Arms deals Munene suggested that there may be activities taking place in secret that ordinary Kenyans may not be aware of, but someone like Gachagua, due to his former privileged position, may know about. He also noted that there have been numerous rumours about alleged arms smuggling to the RSF. "General Abdel Fattah al-Burhan, the de facto ruler of Sudan, seems to be unhappy about the alleged arms passing through Nairobi, but the question remains: How do they get to Sudan? Is it through Ethiopia or South Sudan?" asked Munene. Should Sudan make claims against Kenya at the ICJ, these may include accusations of interference in Sudan's internal affairs, although the primary focus will likely remain on the UAE's alleged role in the genocide and killings that continue in Darfur. "The main accusations will concern external interference, with evidence readily available due to the alleged sponsorship of RSF activities. Kenya's name could continue to surface as the case progresses," said Munene. To strengthen its case against the UAE, Sudan may seek to tie Kenya into the web of evidence. On the diplomatic front, Kenya's reputation, already waning in the region, could suffer further if it finds itself embroiled in another high-profile case involving war and killings in a neighbouring country. Munene believes that Kenya is no longer the diplomatic regional powerhouse it once was. Its standing was further weakened when former Prime Minister Raila Odinga lost the African Union Commission chair election to a candidate from Djibouti. Munene also warned that Kenya's relationship with the UAE could be exposed, as there have been claims of top leaders signing unexplained deals in the UAE. Former Attorney General Justin Muturi recently claimed he declined to sign an agreement with Russian oligarchs in Dubai, which President Ruto had allegedly asked him to. Moi legacy Under President Daniel arap Moi, Kenya enjoyed an undisputed position as a champion of peace in the region, a legacy that continued under the presidencies of Mwai Kibaki and Uhuru Kenyatta. Munene believes Moi succeeded because he was seen as a peacemaker. This reputation allowed him to mediate peace talks in Somalia and South Sudan, with warring parties trusting his neutrality. "Kenya's position was respected in the region because Moi was considered fair, and so all parties allowed him to mediate. Kibaki enjoyed similar success, including facilitating the birth of South Sudan in Nairobi," he said. "Even Uhuru did not face many challenges, as he succeeded in Somalia, and after retiring, he was appointed by his peers to lead talks in Ethiopia and the DRC," added Munene. However, he believes that unlike his predecessors, Ruto has generally failed in regional diplomacy, often creating enemies instead of building friendships. Munene suggests that Ruto has rubbed other countries the wrong way, which is why he was rejected by both sides when IGAD leaders asked him to mediate in Sudan. He was immediately rejected by both the Sudanese Army and the RSF after the IGAD proposal. The army claimed that Ruto was not a neutral mediator, as he appeared to be siding with the RSF. Ruto also angered both sides when he publicly told the generals, Burhan and Hemedti, to "stop this nonsense." "His language is inappropriate. He needs to improve his diplomatic tone," said Prof. Munene. Ruto's diplomatic missteps began shortly after he was sworn in, when he invited the Sahrawi Arab Democratic Republic to his inauguration and later expelled them when Morocco's Minister for Foreign Affairs protested. Awkward situation This fallout created an awkward situation for Kenya, as it, along with other African Union members, had recognised the independence of the Sahrawi Republic years earlier. Despite recognising and hosting the RSF and its leader, Mohamed Hamdan Dagalo (Hemedti), the group is now on the back foot, having been recently routed from the capital by the army. It is uncertain how Sudan will continue to trust Kenya. Munene argues that the losses suffered by the RSF are detrimental to President Ruto and his government unless he publicly explains why Kenya supported the militia group. "He could come out and say, 'Yes, we are supporting the RSF because we want to see change in Sudan.' But countries rarely do that nowadays, unlike in the apartheid era in South Africa. They avoid such admissions to prevent hostility," he said. He warned that it is damaging for Kenya's reputation when its leaders are mentioned negatively, as it undermines the country's standing internationally and its image as a neutral mediator.

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