A court has postponed the sentencing of a Venezuelan Diplomat, who was convicted of the murder of ambassador Olga Fonseca.
Amb. Olga was murdered at her home in Runda estate in Nairobi County in 2012 has been postponed to March 10,2023.
Sagaragy and his three co-accused Ahmed Omindo, Alex Wanyonyi, and Moses Kalya were found guilty and convicted.
The judgment was rendered by Justice Roseline Korir after the prosecution proved its case through its 37 witnesses and the cause of the death of Olga.
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 Sagaragy, 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The prosecution objected to Khaminwa’s application stating that Sagaragy diplomatic status was withdrawn by the Venezuelan Embassy after his arrest.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learned Judge ruled that the diplomatic immunity of the accused person was wiped immediately his diplomatic status were withdrawn by the Venezuelan Embassy,” said the Public Prosecutor.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.
