A Venezuelan Diplomat convicted together with three Kenyans of the murder of ambassador Olga Fonseca will mitigate on March 10,2023.
Former Diplomat Dwight Sagaray and his three co-accused Ahmed Omindo, Alex Wanyonyi, and Moses Kaly have been convicted of that murder by Justice Roseline Korir.
Korir ruled that the prosecution proved its case through its 37 witnesses and the cause of death of Olga was proved.
The four were arraigned in court today for sentencing, however, Dr. Khaminwa, the lead defense Lawyer told the court it lacked prerequisite Jurisdiction to sentence the convicts.”This Court has no Jurisdiction to sentence the Diplomat. I will file my application to prove to this court that it cannot move a step further to sentence the accused persons, release them.” submitted Khaminwa.Dr. Khaminwa argued that Sagaray, the first accused person was a diplomat at the time of arrest and still enjoys diplomatic immunity.The prosecution objected to Khaminwa’s application stating that Sagaragy diplomatic status were withdrawn by the Venezuelan Embassy after his arrest.”I have listened keenly to Dr. Khaminwa’s remarks, and I have noted that he has raised issues of diplomatic immunity and that would apply to the first accused person who was initially a diplomat. However, the court in a similar matter made a ruling where the learned Judge ruled that the diplomatic immunity of the accused person was wiped immediately his diplomatic status were withdrawn by the Venezuelan Embassy,” said the Public Prosecutor.The Court adjourned the matter to March 10,2023 for sentencing.
