Kenya nomination of consul general in Goma triggers another row with DRC

Kenya and DRC are yet again engaged in a diplomatic row following the nomination of a Consul General to Goma, which is under the control of M23 rebels.

DRC’s Foreign Affairs ministry rejected the naming of a Consul General to Goma, a day after President William Ruto nominated Judy Nkumiri to the post.

Kinshasa said the appointment of any head of a foreign consular post on its territory is subject to its prior approval.

“The DRC recalls that, in accordance with international law and established diplomatic procedures, including the Vienna Convention on Consular Relations of 24 April 1963, the designation of a head of consular post requires the prior agreement of the Congolese authorities and the issuance of an exequatur by the Ministry of Foreign Affairs of the Democratic Republic of Congo.

“Kinshasa expects, to this end, to be officially contacted by Nairobi through established diplomatic channels, and will respond exclusively through these same channels, in accordance with the rules of courtesy and mutual respect,” the Foreign Ministry said.

It added that Goma remains under illegal occupation by the M23/AFC, “a situation characterised by serious human rights violations against civilians”.

In this regard, DRC said any announcement regarding the appointment of a consul in Goma is inappropriate and should not be considered without the approval of the Congolese authorities.

“The DRC therefore calls for caution and discernment in public communication, in order to avoid any misunderstanding, speculation, or appearance of legitimization of the ongoing illegal occupation”.

However, Kenya’s Foreign Affairs ministry termed the reaction premature, maintaining Nkumiri was yet to to be appointed and posted.

Foreign Affairs PS Korir Sing’oei noted that as per diplomatic practice, once the presidential nominee receives parliamentary approval, Kenya shall seek an agreement or consent from the DRC before the Consul General reports to post.

“This reaction is unfortunately premature,” he said.

In a follow-up statement, Foreign Affairs CS Musalia Mudavadi maintained that Nkumiri’s nomination does not in itself constitute a diplomatic posting.

“In line with the Constitution of Kenya, diplomatic practice and protocol, once the nominee receives parliamentary approval, Kenya shall formally request for Agrément or acceptance by the applicable host states, including the DRC, before diplomatic posting. In the case of Goma, the process will further require issuance of an Exequatur or authorisation by the Government of DRC before Kenya's Consul-General may assume official duties,” Mudavadi said.

Acknowledging that he had reached out to his Congolese counterpart Thérèse Kayikwamba Wagner, Mudavadi said Kenya remains committed to the peace initiatives in the DRC, including the joint EAC-SADC-AU initiative, where Nairobi serves as co-chair.

“The objective of the recent re-alignment in Kenya's Foreign Service …is not driven by adverse geopolitics nor intended to undermine ongoing regional peace efforts or the territorial integrity and sovereignty of any state,” he added.

Foreign experts have expressed different views on the matter. While some say Kenya's nomination of a consul general was indeed reaffirming the territorial integrity and sovereignty of the DRC, others opine that the circumstances had changed with the M23 takeover. 

Kenya and DRC established diplomatic relations in 1963, with each of the countries opening embassies in 1968.

While DRC has operated a consulate in Mombasa since September 25, 2023, Kenya inaugurated its Consulate General mission in Goma on March 1, 2022.

DRC severed ties with Kenya in December 2023 and recalled its envoy in Nairobi in protest after the launch of a political-military outfit dubbed Congo River Alliance by M23. Ambassador John Kalunga resumed his duties in July last year.

However, Kenya’s ambassador-designate to Kinshasa Shem Amadi was frustrated and did not get the opportunity to present his credentials to President Felix Tshisekedi, an action that was interpreted as communication by DRC of its dissatisfaction with Nairobi.

Consequently, President Ruto was in March forced to name former Sports Principal Secretary Peter Tum and his envoy in Kinshasa, but is yet to be credited as well.  

Kenya’s embassy in Kinshasa was attacked and looted by Congolese protesters, who accused Nairobi of siding with Rwanda following the takeover of Goma by M23.