By Cyrus Ombati
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.
“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.
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