Shelter Afrique boss to face assault charges in Kenya

By Cyrus Ombati

The Shelter Afrique boss Alassane Ba may be arrested and charged in court at any time after the Ministry of Foreign Affairs declared he does not enjoy diplomatic immunity.

It also emerged that there are other complaints previously lodged against Mr. Ba.

Foreign Affairs Assistant Minister Richard Onyonka said the Senegalese executive is classified as an international civil servant and is bound by the Kenyan laws.

Onyonka said the ministry had in the past summoned the official after complaints were raised regarding the manner in which he treated Kenyan staff in the organisation.

“His job is classified as that of an international civil servant and he does not enjoy absolute immunity. If the gentleman has committed a crime and there is a recommendation that he be arrested then we will take action without violating his rights. If there is a recommendation that he is deported we will implement it,” said Onyonka.

Ba has been accused of assaulting a female member of staff – Karen Njeri Kandie – at the organisation’s headquarters in Upper Hill on June 28.

“We have received complaints that he has been extremely harsh to Kenyans working in the organisation and that he was bringing in workers from West Africa to do menial jobs but we sorted out the issue,” added the assistant minister.

A letter seen by the Standard from Foreign Affairs PS Thuita Mwangi to Police Commissioner Mathew Iteere stated that Ba was not classified as a diplomat.

According to the PS, the agreement signed by Shelter Afrique in 1983 did not grant officials of the organisation absolute immunity.

“The government signed a host country agreement with Shelter Afrique on October 19, 1983. Article 31 of the agreement provides that ‘without prejudice to the privileges and immunities granted, the officials of Shelter Afrique are required to respect the laws and regulations of Kenya.’ it is therefore clearly implied that the immunities enjoyed under the host country agreement are not absolute and are indeed subject to the laws of the host country,” the letter copied to the Director of Public Prosecutions (DPP) Keriako Tobiko states.

The letter to Iteere dated July 11 has advised him to take action on the complaint after investigations into the alleged assault are complete.

“Should investigations reveal that the individual is in violation of the Penal Code, then the law should be allowed to take its course bearing in mind that the victim is entitled to equal protection before the law,” read the letter.

The complainant has a P3 form that allows police to take action.

On Saturday, Prime Minister Raila Odinga said the official must be stripped of his immunity so he can face the law over the alleged assault of a Kenyan lady or be made to leave the country.

Shelter Afrique was established in 1982 by African governments, the African Development Bank, Africa-Reinsurance and CDC, with the mandate of mobilising resources for housing development in Africa.

The organisation’s board of directors issued a statement saying it is investigating the saga surrounding some of their staff.

Chairman of the board of directors Elias Mpondela said they intend to hold a meeting on July 26 to discuss the nature and circumstances of the altercations between senior officials of the company.

“The Board notes that in a matter of cross-cutting proportions such as the one under reference, it is imperative that all stakeholders’ views are taken into account,” said Mpondela.

He added the board is investigating and carrying out wide consultations on the reported events including direct engagement with the Ministry of Foreign Affairs.

“The final decisions of the Board of Directors will in addition to taking into account the rights and obligations of the concerned persons, reflect to the greatest extent possible and the views of the entire stakeholder body of the institution.”

He asked for time and patience whilst it objectively considers the matter in accordance with the principles of natural justice. The public can be rest assured that it will do this speedily.

Final findings, decisions and conclusions will be disseminated to the members of the public through the respective Government Agencies for each of the 44 member country.