Police in dilemma over status of Shelter Afrique boss
POLICE in Nairobi have been unable to arrest the Managing Director of Shelter Afrique for allegedly assaulting a female employee at the organisation. Alassane Ba is a Mauritanian citizen who is claiming diplomatic immunity.
Nairobi provincial police boss Antony Kibuchi and Judy Thongori, the lawyer representing Karen Njeri Kandie, yesterday confirmed that they have written letters to the Ministry of Foreign Affairs asking for guidance on whether Alassane Ba is a diplomat.
Ba is accused of assaulting the Finance director Karen Njeri Kandie on Thursday June 28 at around 11:30 am at the Shelter Afrique headquarters along Longonot Road, Upper Hill.
The case was reported to the Capitol Hill Police Station on the same day and booked under OB 24/28/6/2012. Kandie was also provided with P3 forms which were completed by the police doctor on July 3.
Detectives investigating the case said the victim was assaulted within the office while carrying out her normal duties. According to her statement, she sustained bruises on both her hands and had a swollen left wrist. Ba is her immediate supervisor.
Thongori wrote to the Foreign Affairs ministry that Kandie promptly reported to police and sought medical assistance at Nairobi Hospital. “We would be grateful if you would confirm whether he has immunity from legal process and the extent of that immunity,” Thongori wrote in the letter that was copied to the Permanent Secretary in the Ministry of Housing and the Commissioner of Police.
Shelter Afrique was established in 1982 by African governments, the African Development Bank, Africa-Reinsurance and Commonwealth Development Corporation with the mandate of mobilizing resources for housing development in Africa.
According to its website, Shelter Afrique has its headquarters in Kenya which grants it certain privileges and immunities, including seizure of assets, tax exemptions and exchange controls.
Kandie was unavailable for comment yesterday. Her family revealed that she had been advised by the doctors at the Nairobi Hospital to take ten days to recuperate. Other sources indicated that Karen was sent on compulsory leave for seeking police protection.
Initial police efforts to arrest Ba failed last Friday when they were denied entry to the office on the claim of diplomatic immunity But on Monday July 9 police picked him up and he was questioned by the OC of Capital police before being released.
"We arrested him although we had to release him to confirm whether he is covered by diplomatic immunity or not. We shall act immediately the confirmation is availed to us," said Kibuchi.
Thongori said yesterday that she is still waiting for an official communication about the status of Shelter Afrique which is neither an embassy nor a diplomatic mission.
They are also waiting to know whether Ba is an accredited official from Mauritania or is in the country as an employee of Shelter Afrique. "In the event that he has such immunity, kindly consider our letter as an official complaint on behalf of our client and act accordingly. If he does not have immunity, our client will take up the matter with the Police," said Thongori.
Ba refused to comment on the saga claiming he was busy with office work. “Leave your questions with my office,” he said before hanging up. His secretary then directed enquiries to Ba’s personal assistant who also hung up without answering.
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