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{
    "id": 463887,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/463887/?format=api",
    "text_counter": 134,
    "type": "speech",
    "speaker_name": "Hon. A. B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Eight other passengers in that matatu were also injured. The Ministry of Foreign Affairs wrote to the Inspector General of Police for a comprehensive report on the accident. The report on the investigation from the Director of Criminal Investigation to the Ministry of Foreign Affairs states that Mr. Joshua Walde failed to keep on his side of the road and collided head on with the PSV matatu. The police did not arrest Mr. Walde, because of his assumed diplomatic status. He was however, a member of the technical and administrative staff of the embassy. The Ministry had issued him with an appropriate identity card No.908/12, designated for staff at that level. The identity card entitled him to immunities except administrative and civil jurisdictions of the receiving state in line with Article 37(2) of the Vienna Convention on diplomatic relations. Notwithstanding Article 41(1) of the Convention, it is required that all persons enjoying such privileges and immunities respect laws and regulations of the host country. Unfortunately, Mr. Walde left the country soon after the accident, before necessary action could be taken to seek a waiver of immunity so as to be subjected to the legal process in the country. Indeed, the Immigration Department’s records show that Mr. Walde departed a day after the accident on 12th July, 2013, at 2035hrs aboard KLM, Flight No.566. Upon learning that Mr. Walde had departed from the country, the Ministry of Foreign Affairs wrote to the United States of America (USA) Embassy requesting them to confirm that he was their employee and had left the country. The embassy wrote back expressing its deepest sympathies to the family of Mr. Lukindo, confirming that Mr. Walde was an employee of the embassy and an accredited member of its Technical and Administrative Department at the time of the accident. The embassy further confirmed that Mr. Walde departed Kenya shortly after the accident. With this confirmation from the embassy, and with the report from the Criminal Investigation Department, the Ministry of Foreign Affairs further wrote to the embassy bringing to their attention the details of the investigations and requesting the Government of the United States of America to extradite Mr. Walde to Kenya to face charges for causing death by dangerous driving, contrary to Section 46 of the Traffic Act, Cap. 403 of the Laws of Kenya. Meanwhile, the Ministry has also written to the Director of Public Prosecutions (DPP) to take appropriate action in accordance with the law and make sure Mr. Walde is brought before the justice system."
}