A Kenyan female employee, Mrs. Karen Njeri Kandie, working for Shelter Afrique as Director Finance was physically assaulted by the CEO Mr Allasane Ba on Thursday 28th June 2012 at around 11:30 am.
She was physically assaulted by MD Shelter Afrique Nairobi, who is a foreigner in Kenya (Mauritanian) when she raised questions about some of the practises at the institution. Mr Allassane Ba is the immediate supervisor to Mrs Karen Kandie.
Karen went to the Nairobi Hospital, where she was treated for serious injuries and advised to take 10 days sick off to recover from the sprained ankles and elbow injuries. The lady reported the assault to Capitol Hill Police station on the same day, (28th June 2012), the case recorded under ref: OB 24/28/6/2012, statement taken and issued with P3 forms from the police Doctor.
The Police Doctor examined Karen on Tuesday 3rd July 2012 and confirmed the injuries.
The victim of the beastly act took the completed P3 forms to Capitol Hill Police station on the same day, 3rd June 2012 and the Police assured her that the assailant would be arrested.
On Friday, 6th July 2012, the police went to arrest Mr Ba but were denied entry to the office on the claim of diplomatic immunity.
On 6th July 2012, Mr. Alassane Ba, sent a letter to the employee he had assaulted, sending her on compulsory leave, pending disciplinary action, without specifying what offence she had committed. Mrs Kandie think that this was a desperate attempt to silence her and stop her from seeking justice, in her own country.
On Monday 9th July 2012, the police went back, arrested him and took him to Capitol Hill Police station but later released him on claims of immunity. West African nationals who work at the Shelter Afrique stormed the Capital Hill police station in a convoy of about 8 cars and started singing and chanting slogans to have Mr Ba released from custody. Mr Ba's release order was communicated from the office of the Commissioner of Police, Mathew Iteere, through Nairobi Police boss, Anthony Kibuchi without much explanation.
The Immunity Mr Ba is claiming is under the host country agreement, granted by the Government of Kenya. It can be revoked just as it happened with the Venezuelan envoy who was recently charged with murder. In fact, the said "diplomatic immunity" cited by Mr Ba is not a blanket protection to criminals who rape and molest Kenyan hospitality but is as a result of a bi-lateral agreement between Kenya and Africa Union.
On 9th July 2012, Allasane Ba wrote to the employee he had assaulted and later sent on compulsory leave, demanding that she returns the office BlackBerry phone which contains crucial evidence to support Mrs Kandie's case. (Another attempt to silence and stop her from seeking Justice).
Seeing that justice was not being served and is still not being served, Mrs Kandie lodged a complaint with the Ministry of Foreign affairs on 9th July 2012. The ministry responded immediately and clarified that Shelter Afrique staff does not enjoy any diplomatic immunity which can make justice not be served. After consultation with various government institutions, the Prime Minister instructed that either the Immunity be lifted to pave way for prosecution or Mr Allassane Ba be immediately deported.
Alassane Ba then went to court, seeking injunction against arrest on claim of Immunity. (systematic attempt to evade due process of the law). The Board of Shelter Afrique met on 25th and 26th July 2012 and did resolve this case.
As of today, 16th August 2012, Mr Alassane Ba has neither been charged nor asked to leave this country. He is currently reported to be away on holiday but is expected to come back to Kenya in the next few weeks. The Kenyan victim, whom he assaulted, is on compulsory leave while the aggressor is FREE.
FACTS YOU SHOULD KNOW ABOUT THE CASE
- Shelter Afrique is not a diplomatic Mission but a bilateral Institution.
- Kenya is the largest Sovereign shareholder with 13%, after ADB, which is the largest Institutional Shareholder.
- The employee, who was assaulted, is the highest ranking Kenyan in the organization.
- Most of the current management is from West African countries
- Shelter Afrique Floated bonds in the local Market and Kenyans invested to the tune of ksh. 2.5B
- Mauritania, where the current MD hails from has 0.65% shares only.
- Credible information indicate that Shelter Afrique is paying the legal fees of Alassane Ba, on the assault case, to the tune of USD 90,000/= (Ksh. 7.3M)
