India writes to Kenya over alleged defilement by Kenyan diplomat’s son
India Pressures Kenya to waive immunity for diplomat’s Son in defilement case
India Pressures Kenya to waive immunity for diplomat’s Son in defilement case
India has submitted a request to the Kenyan government to revoke the diplomatic immunity of a Kenyan diplomat’s son to enable his prosecution.
The diplomat’s son is accused of defiling a five-year-old girl at a school in Delhi, India, in 2024. In the wake of the alleged incident, the child’s mother has made frantic efforts to seek justice.
However, authorities have been unable to proceed with the prosecution due to diplomatic immunity, which has prevented the police from taking action against the Kenyan suspect.
Indian outlet, The Wire, reports that the Ministry of External Affairs (MEA) is keen on seeing justice for the minor, and has requested Kenya to lift the immunity granted to the Kenyan diplomat’s son.
Key aspects of diplomatic immunity include criminal and civil protection, whereby diplomats cannot be arrested or detained in a host country.
Diplomats are also usually exempt from taxes and customs duties.
This is detailed under Article 37 of the Vienna Convention on Diplomatic Relations, which states that “members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities.”
However, there is the possibility of a waiver, where the home country can revoke immunity, effectively allowing prosecution by the host nation. This is the legal loophole that the Ministry of External Affairs (MEA) is looking to exploit.
In this case, there are grounds for immunity to be lifted, as one of the circumstances in which this can happen is in cases of serious crimes such as assault and murder.
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The defilement incident is believed to have taken place in August 2024. The diplomat’s son was in Class 12 at the time, and Indian media outlets reported that he committed the crime as an adult.
A case was subsequently filed at South Delhi’s Greater Kailash police station under the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act.
Earlier in February, the child’s parents staged a protest outside her school to lament the inaction from authorities. Police officers had to intervene as an irate mob bayed for the blood of both the headteacher and the boy, evacuating them from the scene.
Another parent accused the headteacher of displaying behaviour that the boy emulated leading him to carry out the depraved actions.
They have since been informed that the Indian government would approach Kenya about a possible immunity waiver.
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