India has requested Kenya to revoke the diplomatic immunity of a Kenyan diplomat’s son to enable his prosecution for allegedly assaulting a minor at a Delhi school in 2024.
According to New Indian Express, the Ministry of External Affairs (MEA) has asked the Kenyan government to lift the immunity granted to him as a close family member of the diplomat.
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The victim is a five-year-old daughter class 1 and was allegedly sexually assaulted by a Class 12 student at the same city school and the son of a Kenyan diplomat posted in New Delhi.
Police confirmed that the accused student is an adult, but action cannot be taken due to diplomatic immunity despite the gravity of the crime.
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Vienna Convention Blocks India from Prosecuting Suspect
Waiving immunity is a necessary step before taking legal action against anyone who holds it.
According to the 1961 Vienna Convention on Diplomatic Relations, the “immunity from jurisdiction of diplomatic agents and of persons enjoying immunity” can be waived by the sending state, in this case, Kenya.
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Under the Vienna convention, family members of a diplomatic agent who are part of his household and are not nationals of the receiving state enjoy the same privileges and immunities as the diplomatic agent.
Parent’s Statement
The survivor’s mother said the accused has been expelled by the school.
She said the family is aware the MEA has asked the Kenyan embassy to revoke the accused father’s diplomatic immunity.
The father said her daughter was sexually twice in August 2024 by the diplomat’s son.
He recalled how the minor complained of discomfort and doctors confirmed that she was assaulted.
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“The accused sexually abused my daughter twice in August last year. When she complained of discomfiture, we took her to a doctor. We also took a second opinion. Both confirmed that she had been sexually assaulted,” the survivor’s father said.
When they visited the school, all students who travelled in the bus were called except the accused whom they were told was on a field trip.
The parents filed a police complaint on the basis of which a case under the POCSO Act was lodged.
“My daughter was terrified to take the accused’s name initially. Later, she revealed the name of the accused, after which we went to the school and police,” the father said.
Updates on the Case
After completing all the formalities, the police assured them that the accused would be arrested soon.
On December 16, the Child Welfare Committee informed them that the Investigating Officer (IO) had moved the arrest request to the MEA and a response was expected by January 15.
The latest update from the IO states that the MEA has taken up the case through legal channels.
He pointed that the process could take months since the accused is a foreign citizen.
Nairobi was yet to comment on the matter by the time this article was published.
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