A Kenyan has vowed to file a petition at the High Court of Kenya next week, seeking to strip Eunice Kigenyi, Uganda’s Chargé d'Affaires, of diplomatic immunity over the prolonged disappearance of activists Bob Njagi and Nicholas Oyoo in Uganda.
The declaration was made by Francis Wanjiku, a public affairs advisor, who reiterated that the petition would be filed if Uganda failed to release the two activists.
Wanjiku cited the Vienna Convention on Diplomatic Relations as the basis for his forthcoming petition against the highest-ranking diplomat at the Ugandan High Commission in Nairobi.
“Next week, I will petition the High Court of Kenya to strip the H.E. Amb. Eunice Kigenyi—Chargé d'affaires (highest office at the Uganda High Commission) in Nairobi—of her diplomatic immunity under the Vienna Convention on Diplomatic Relations, should Uganda fail to release Nicholas Oyoo and Bob Njagi,” he said.
What Kenya's Law Says About Stripping Diplomats Off Their Diplomatic Immunity
A thorough review of the law shows that even if Wanjiku files a petition, it would most likely be struck out, as Kenyan courts generally lack jurisdiction over matters concerning the diplomatic immunity of foreign nationals.
This begins with the Vienna Convention, which governs diplomatic relations worldwide and of which Kenya is a signatory and ratifying member. It is incorporated into Kenyan law under Article 2(6) of the Constitution of Kenya (2010), giving treaties and conventions ratified by Kenya the force of law.
Article 29 states that diplomats are entitled to immunity from arrest, detention, and the criminal, civil, or administrative jurisdiction of the host country.
Article 31 stipulates that a diplomatic agent is immune from the jurisdiction of the receiving state’s courts, with limited exceptions such as private property or commercial activities unrelated to their diplomatic functions.
Waiver of immunity can only be granted by the sending state, in this case Uganda, not by the receiving state (Kenya), nor by an individual or court acting independently.
Kenyan courts are bound by both domestic law and international treaties ratified by Kenya. Therefore, even if a petition is filed, it likely would be considered non-justiciable, meaning it cannot proceed due to a lack of jurisdiction stemming from diplomatic immunity.
The only way Kenya could act toward stripping Kigenyi’s diplomatic immunity is through a formal request to Uganda for the recall of the envoy or a waiver of immunity, which must be initiated by the Ministry of Foreign Affairs.
Njagi & Oyoo's Disappearance
The disappearance of Oyoo and Njagi has sparked public outrage, as they have been missing for 27 days without any confirmation of their whereabouts by either government.
They were reportedly forcibly taken by armed individuals at a petrol station in Kampala, Uganda, where they had gone to attend a rally by Uganda's opposition leader, Bobi Wine.
Since then, efforts to locate them, including a habeas corpus application, have been unsuccessful, as both the Ugandan police and military have denied claims that the two are in their custody.
