Kenyan diplomat leaves India with son accused of sexual assault

The departure comes nearly 10 months after the alleged incident, which sparked a complex legal battle over diplomatic immunity

The son of a Kenyan diplomat, accused of sexually assaulting a five-year-old girl on a school bus in August 2023, has left India with his family after the Kenyan government withdrew the diplomat from their posting, officials familiar with the matter said on Wednesday.

Investigators hit a roadblock when they learned the suspect was protected by diplomatic immunity as the child of a foreign envoy. (Representative photo)

The departure comes nearly 10 months after the alleged incident, which sparked a complex legal battle over diplomatic immunity.

The victim’s family expressed frustration over the outcome, alleging the teenager had targeted multiple children at the school. “We were informed by authorities last week that the accused and his family had departed India. This is deeply disappointing as we believe he had assaulted at least six minor girls,” the victim’s father said.

He added that the daughter was “doing okay” and they have changed the school after the incident.

Delhi Police registered an FIR on September 19, 2023, under Section 10 (aggravated sexual assault) of the Pocso Act and Section 75(2) (sexual harassment) of the Bharatiya Nyaya Sanhita. However, investigators hit a roadblock when they learned the suspect was protected by diplomatic immunity as the child of a foreign envoy.

A police officer, speaking on condition of anonymity, said: “We sought permission through proper channels in the Union ministry of external affairs (MEA) to question the minor, but the request remained pending due to immunity protocols.”

People familiar with the matter said the diplomatic immunity granted to a foreign diplomat also applies to their family.

The Indian side asked the Kenyan government to waive the diplomatic immunity for the diplomat concerned so action could be taken against the son. However, the Kenyan government chose not to waive the immunity and instead, opted to withdraw the diplomat and their family from India, the people cited above said.