A former finance chief at Shelter Afrique has lost a legal battle for wrongful dismissal following an alleged brawl with the home financier’s ex-managing director Alassane Ba.
The Court of Appeal has thrown out a suit filed by Ms Karen Njeri Kandie in which she was seeking compensation for wrongful dismissal, arguing that both Mr Ba and Shelter Afrique were covered by diplomatic immunity.
Justices William Ouko, Patrick Kiage and Kathurima M’Inoti however ruled that the provisions of several international treaties signed by Kenya gave both Mr Ba and Shelter Afrique diplomatic immunity; hence they cannot be prosecuted in a Kenyan court for the alleged crimes.
“The conclusion is inescapable that the immunity that attaches to Shelter Afrique and to its officers such as Mr Ba finds legitimacy in international treaties entered into by Kenya,” the judges ruled.
“Mr Ba remains invested with diplomatic immunity. He is therefore immunized from criminal and civil proceedings before Kenyan courts.”
Ms Kandie had claimed that she was physically assaulted by the Mauritanian national, and later sent on leave. Her contract was not renewed after expiry in November 2012.
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