Diplomatic Immunities and Privileges from Kenya’s National Security Perspective

The designers of diplomatic immunities and consular privileges may not have anticipated their abuse because diplomats are individuals selected among equals and not expected to conduct themselves contrary to the law. However, a critical analysis of Kenyan daily newspapers reveals that some diplomats conduct themselves in a manner that threatens the national security of Kenya. This paper examines the intersection between the abuses of diplomatic immunities and privileges with Kenya’s national security interests during President Daniel Moi’s and Kibaki’s regimes. It cites cases where abuses of diplomatic immunities and consular privileges occurred and interrogates the effectiveness of Kenya’s legal framework in handling those cases, as well as their potential implications for national security. The paper proposes a response mechanism and the balance between respecting international obligations and safeguarding national security interests. The paper proposes a nuanced approach that enhances oversight while upholding Kenya’s diplomatic commitments.