Suspects in Venezuela envoy murder jailed after 20-year trial

Dwight Saragay, who was last week jailed for 20 years for murdering the former Venezuelan ambassador became the first senior diplomat to be charged with a serious criminal offence in Kenya.

Almost everything about Saragay’s career and downfall were swift.

Though the wheels of justice initially turned unusually slowly, everything else happened so fast and finally, Justice Roseline Korir has sentenced Saragay and his three co-accused persons.

Saragay, Ahmed Omindo, Alex Wanyonyi and Moses Kalya have been sentenced to a cumulative 80 years in prison.

Each of the accused will serve 20 years behind bars.

In her judgement, Trial Judge Roselyn Korir said the State had proved their case against the accused persons apart from Chelogoi who was acquitted.
Ex-police

One of the accused persons, Moses Kalya, resigned from the police service and joined Kenya Revenue Authority (KRA) Reports indicate Kalya would attend court cases without the knowledge of his colleagues and supervisors at KRA.

Interestingly, his colleagues only learnt of the case through the media when they were convicted in January 2023.

Questions are now being raised on the nature of pre-employment vetting by government institutions with reports indicating that Kalya would ask for off duty.
The prosecution presented an array of witnesses, 37 in total and produced 39 exhibits that were used to pin down the four.

The judge said the offence committed was serious and called for a custodial sentence.
“I have considered the trial has taken an unduly long period and the accused persons must have undergone mental anguish during the pendency of trial,” Korir said.

During mitigation, Dwight 45, said if runaway suspect Mohamed would be arrested, he would be vindicated. He pleaded for mercy and leniency.

He is single and has no children but he maintained good relations with his family. Though since the trial began, Dwight said the separation from his family took a turn on him.

He lamented over how his government treated him and how he was still tried yet his diplomatic status was still intact. Fonsescas’s family however asked the court to sentence the convicts as per the Kenyan law. They also asked the Kenyan government to consider compensating their family as they regret losing her life.

The Vienna Convention on Diplomatic Relations (1961) states that it was agreed as international law that all diplomats were considered not susceptible to lawsuit or prosecution under the host country’s laws.
If they are to be charged, the immunity must first be waived, following a procedure, since they enjoy immunity from criminal proceedings.

However, Saragay -who rose very fast in the Venezuelan Foreign Service -was stripped of his immunity by his country the following day, and placed in a police cell at the Gigiri police station.

Within 24 hours, Saragay had been stripped of his immunity and placed in police custody, and interestingly enough, the Foreign Service of Venezuela never objected, at all.