Assault victim seeks to be enjoined in case

The Finance Director of Shelter Afrique, Karen Kandie, who has accused managing director Alassane Ba of assault now wants to be enjoined in the case. Kandie says the outcome of the case will affect her and she should be made a party to the suit. Ba moved to court and obtained orders after the Director of Public Prosecutions Keriako Tobiko ordered the police boss to arrest him.

High Court judge David Majanja stopped the arrest and prosecution of Ba pending determination of his case. This meant that the directive by the state to have him arrested and charged for alleged assault will have to wait as the court decides whether or not he is entitled to diplomatic immunity. In his view, anyone who is on same rank with an ambassador is entitled to diplomatic immunity which shields him or her against arrest and prosecution for any offence under the law.

And because of this, he believes the plans to arrest he would amount to infringement of his rights under the law. Ba is accused of assaulting Kandie at the organisation’s headquarters in Upper Hill, Nairobi on June 28. The case is set for hearing in September 24.