Public Affairs Advisor Francis Wanjiku has announced plans to petition the High Court of Kenya to strip the Ugandan Chargé d’affaires in Nairobi, Ambassador Eunice Kigenyi, of her diplomatic immunity if Uganda fails to release two missing Kenyan activists.
Wanjiku said the petition, which he intends to file next week, is grounded on the Vienna Convention on Diplomatic Relations, a global treaty governing the conduct and privileges of diplomats. The activists Nicholas Oyoo and Bob Njagi reportedly disappeared 27 days ago after being allegedly abducted by armed men in Kampala, Uganda. They had travelled to attend a rally organized by opposition leader Bobi Wine.
Despite public pressure and a habeas corpus application, both Ugandan police and military authorities have denied holding the two men. Their disappearance has stirred public outrage and increased diplomatic tension between Kenya and Uganda.
However, legal experts suggest that Wanjiku’s petition faces major hurdles. Under Article 2(6) of Kenya’s 2010 Constitution, international treaties such as the Vienna Convention form part of domestic law. Article 29 of the Convention grants diplomats immunity from arrest and prosecution, while Article 31 bars host country courts from exercising jurisdiction over them.
Importantly, only the sending state in this case, Uganda can waive a diplomat’s immunity. Kenyan courts lack the authority to independently revoke it. Therefore, Wanjiku’s petition would likely be declared non-justiciable, as it falls outside the jurisdiction of Kenyan courts.
The only lawful course of action would be for Kenya’s Ministry of Foreign Affairs to formally request Uganda to either recall Kigenyi or waive her immunity.
As the search for Oyoo and Njagi continues, the case underscores growing tensions over human rights and diplomatic accountability within the East African region.
