Murder: DPP urges Supreme Court to uphold conviction of ex-Venezuelan diplomat

The Director of Public Prosecutions (DPP) has requested the Supreme Court to uphold the conviction of Dwight Sagaray, an ex-Venezuelan diplomat, and maintain his 20-year prison sentence for the 2012 murder of Olga Fonseca Jimenez. Sagaray filed a petition in August 2026 to have the Court of Appeal's 2025 judgment overturned. The prosecution disagreed with the appeal, asserting the conviction was backed by sufficient evidence.

They argued that Sagaray's diplomatic immunity ceased upon the termination of his diplomatic mission and the revocation of his passport. The prosecution contended that his conviction was not solely based on motive or association, but on a compounding of circumstantial evidence reviewed by both courts. They emphasized evidence of a dispute over embassy control, Sagaray's relationship with Mohamed Ahmed Mohamed Hassan, and the circumstances surrounding Fonseca's death, asserting that circumstantial evidence can lead to a conviction if the combined facts prove guilt beyond reasonable doubt, eliminating any reasonable alternative explanations.

The Supreme Court has directed the petition to be presented to the Deputy Chief Justice for a bench empanelment and further instructions. Sagaray maintains that Kenyan courts lack jurisdiction to try him due to Venezuela's failure to waive his diplomatic immunity and argues that his conviction was based on perceived benefit and his association with Mohamed Ahmed Mohamed Hassan, rather than sufficient evidence linking him directly to the murder.