DPP asks Supreme Court to uphold 20-Year jail term for Ex-Venezuelan Diplomat

Nairobi, Kenya - The Director of Public Prosecutions (DPP) is urging the Supreme Court to uphold the conviction and 20-year prison sentence of former Venezuelan Embassy official Dwight Sagaray for the 2012 murder of ambassador Olga Fonseca Jimenez. In written submissions opposing Sagaray's appeal, the prosecution contends that the evidence presented during his trial was sufficient to sustain the conviction, which the Court of Appeal upheld on March 7, 2025.

Sagaray challenged the appellate court's decision on August 7, 2026, arguing that Kenyan courts lacked jurisdiction due to Venezuela not explicitly waiving his diplomatic immunity. However, the DPP maintains that Sagaray's diplomatic functions ended upon communication from Venezuelan authorities terminating his mission and canceling his diplomatic passport.

The prosecution argues that any retained immunity would not protect him from prosecution for acts outside his diplomatic duties. In Petition No. E030 of 2026, the State urged the court to reject the appeal, stating that the conviction was based on circumstantial evidence establishing guilt beyond reasonable doubt. Sagaray denies the prosecution's case, asserting that his conviction relied on alleged motive and association with another suspect without sufficient evidence linking him directly to the killing.

The Supreme Court has directed the petition to be placed before the Deputy Chief Justice for empanelment and further directions, with the outcome determining the next steps in the appeal challenging both jurisdiction and the evidential basis of Sagaray's conviction. Fonseca was murdered in July 2012, highlighting diplomatic immunity's limits for foreign officials in Kenya.