Kenyan Activist Seeks to Challenge Uganda Envoy’s Diplomatic Immunity

A Kenyan public affairs advisor has announced plans to challenge the diplomatic immunity of Uganda’s top envoy in Nairobi, escalating tensions between the two countries over the unresolved disappearance of two Kenyan activists in Kampala.

Francis Wanjiku, known for his work on public accountability, said he intends to petition the High Court of Kenya to revoke the immunity of Ambassador Eunice Kigenyi, Uganda’s Chargé d’Affaires, if Ugandan authorities fail to produce Bob Njagi and Nicholas Oyoo. The two activists were reportedly abducted by armed men at a petrol station in Kampala nearly a month ago while attending an opposition rally led by Bobi Wine. 

Ugandan police and military officials have denied detaining them, and a habeas corpus application has so far produced no results. Wanjiku’s planned petition cites the Vienna Convention on Diplomatic Relations, the international treaty that defines the privileges and protections of diplomatic agents. He argues that diplomatic immunity should not apply in cases involving alleged human rights violations. 

“Next week, I will petition the High Court of Kenya to strip H.E. Amb. Eunice Kigenyi of her diplomatic immunity,” he said, adding that the move would depend on Uganda’s cooperation in locating the missing men.

Legal experts have warned that such a petition is unlikely to succeed. Kenya is a signatory to the Vienna Convention and has incorporated its provisions into domestic law under Article 2(6) of the 2010 Constitution. The Convention grants diplomats immunity from arrest and from the jurisdiction of the host country’s courts, except in limited cases such as private commercial activity unrelated to their official duties. 

Any waiver of immunity must come from the diplomat’s home country, in this case, Uganda, not from Kenya or its judiciary. This framework means the High Court would likely find Wanjiku’s petition outside its jurisdiction.