Murder: DPP urges Supreme Court to uphold conviction of ex-Venezuelan diplomat
The Kenyan Director of Public Prosecutions is urging the Supreme Court to uphold the murder conviction of former Venezuelan diplomat Dwight Sagaray. Sagaray claims diplomatic immunity, while the prosecution argues his actions fell outside his official duties.
Why it matters
The case tests the limits of diplomatic immunity in criminal proceedings and the application of circumstantial evidence in high-profile murder trials.
The Director of Public Prosecutions (DPP) has urged the Supreme Court to dismiss an appeal by Dwight Sagaray, a former First Secretary at the Venezuelan Embassy in Nairobi, and uphold his 20-year prison sentence for the murder of Olga Fonseca Jimenez in July 2012.
In a petition dated 7th August 2026, Sagaray challenged the Court of Appeal judgment delivered on 7th March 2025, which upheld his conviction and sentence.
In written submissions before the Supreme Court in Petition No. E030 of 2026, the prosecution opposed the appeal, arguing the conviction was supported by sufficient evidence.
It further submitted that communication from Venezuelan authorities terminating Sagaray’s diplomatic mission and cancelling his diplomatic passport brought his diplomatic functions to an end.
It argued that any remaining immunity did not protect him from prosecution for acts outside his diplomatic functions.
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