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{
    "id": 42529,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/42529/?format=api",
    "text_counter": 162,
    "type": "speech",
    "speaker_name": "Mr. Onyonka",
    "speaker_title": "The Assistant Minister for Foreign Affairs",
    "speaker": {
        "id": 128,
        "legal_name": "Richard Momoima Onyonka",
        "slug": "richard-onyonka"
    },
    "content": " Thank you, Mr. Speaker, Sir, for indulging me. A Statement was requested by the nominated Member of Parliament, hon. Rachel Shebesh who sought a Ministerial Statement from the Ministry of Foreign Affairs on 26th May, 2011, regarding the assault of the wife of the Nigerian High Commissioner to Kenyan with specific reference to:- (i) The diplomatic status of diplomats who commit serious crimes in the country. (ii) What steps are being taken to ensure that the Nigerian High Commissioner, who was reported to have assaulted his wife and occasioned her grievous bodily harm, is dealt with? I will first inform this House that the Kenyan Government, guided in its dealing with diplomatic corps by the Vienna Convention on Diplomatic Relations which is Articles 29 and 31--- They state very clearly that the person of a diplomatic agent shall be inviolable. Number two, the Vienna Convention also states that, that person shall not be liable to any form of arrest or detention and the receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack of that personâs freedom and/or dignity. However, that immunity of a diplomat from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State. Indeed, Article 32 of the Vienna Convention states that immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waivered by the sending State. But the waiver must always be expressed. Mr. Speaker, Sir, lastly, the Ministry of Foreign Affairs in Kenya may ask the home country to waive the immunity of the alleged offender, so that the complaint can be moved to the courts of the sending country. If immunity is not given, then the prosecution of this ambassador or diplomat cannot be undertaken."
}

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