Kenyan Diplomat’s Son Accused of Assaulting 5-Year-Old; MEA Seeks Waiver of Diplomatic Immunity

A Kenyan diplomat’s son is presently being investigated for allegedly sexually assaulting a five-year-old girl.

The individual accused, a Class 12 student from a school in South Delhi, was suspended after the incident, which occurred on a school bus six months ago. The offense reportedly took place in August 2024, with an FIR being filed in September. The police state that the survivor is a Class 1 student, while the accused is an adult in legal terms.

Despite the FIR, no legal measures have been enacted against him to this point.

Details of the Case

The incident became known when the young girl began to experience frequent urination. A medical examination validated the assault, and two doctors corroborated the results, as reported by The Print.

Though the FIR was lodged in September, the child was initially unable to recognize the suspect.

On November 11, she identified the accused and communicated this to her parents, who promptly notified both school authorities and the police. However, her family asserts that the school took no actions, while police officials stated they had contacted the Ministry of External Affairs (MEA).

The accused, a Kenyan citizen, allegedly assaulted the minor on two occasions. Reports indicate that during one of the incidents, his sister was present and requested him to stop.

“When we first approached the school authorities regarding the matter, they informed us the student involved was a 16-year-old Nigerian,” the girl’s father stated to The Times of India.

“Our daughter was summoned to the school to identify him, but he was absent that day, and the teachers informed us he was on a field trip. Since we assumed he was 16, we thought to communicate with his parents to resolve the situation differently, given he was a minor. ”

However, during the inquiry, the Child Welfare Committee found that the accused was actually 19 years old, a Kenyan national, and the son of a diplomatic official.

According to the FIR, the accused is said to have touched the child inappropriately, resulting in an injury. The child also recalled observing him wearing a yellow shirt on two separate occasions while on the school bus, as reported by The New Indian Express.

The FIR also mentions that the young girl, who is now frightened of the suspect, initially raised alarm when she began to use unfamiliar terms such as “boobs” and “God promise. ” She frequently repeated the phrase “secret promise,” which raised concerns, according to the publication.

Why the Police Cannot Take Action

In spite of an FIR being registered under Section 75(2) of the Bharatiya Nyaya Sanhita (BNS) and Section 10 (aggravated sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act, the police have been unable to impose legal action against the accused.

This is attributed to diplomatic immunity. A senior officer from the Delhi Police informed The Print that the accused is shielded by diplomatic immunity, leaving the survivor’s family in a difficult position to attain justice.

For any legal proceedings to advance, a waiver of immunity is essential. Government sources cited by The Print indicated that the case is presently under review, examining several legal considerations. Ministry officials are also communicating with the police.

What Is Diplomatic Immunity?

Diplomatic immunity is a unique privilege bestowed upon foreign diplomats and their families, protecting them from legal prosecution in the host nation. This signifies that even if they breach local laws, authorities are unable to initiate legal proceedings against them.

According to the 1961 Vienna Convention on Diplomatic Relations, “immunity from the jurisdiction of diplomatic agents and of persons enjoying immunity” may only be relinquished by the diplomat’s home country—in this instance, Kenya.

The convention further indicates that family members of a diplomat residing with them, who are not citizens of the host nation, receive the same immunity.

Instead of undergoing local prosecution, any legal matters concerning them must be handled through their home country’s judicial system. This regulation is designed to guarantee that diplomats can fulfill their responsibilities without the fear of unwarranted pressure or legal harassment.

However, in extreme circumstances, the diplomat’s home country holds the power to relinquish immunity to permit an investigation or legal proceedings to take place.

Why the MEA Has Stepped In

The Ministry of External Affairs (MEA) has officially requested that the Kenyan government withdraw the immunity of the accused, who is closely associated with a diplomat.

“The accused has been rusticated by the school. I know that the MEA has asked the Kenyan embassy to revoke the accused father’s diplomatic immunity,” the survivor’s mother disclosed to The New Indian Express.

The case has triggered protests outside the school, with parents insisting on stringent action against the accused. Despite the complaint being filed, the child’s parents assert that there has been no significant advancement in the inquiry.

The girl’s father has also accused the school administration of failing to take any action against the accused student.