The Kenyan government has been ordered by the High Court to establish a formal complaints system to protect citizens working for international bodies that enjoy diplomatic immunity from rights violations. This decision was made by Justice Roselyn Aburili, who gave the Attorney General and officials at the Ministry of Foreign Affairs nine months to develop and operationalize the necessary mechanisms. The order was issued after the court found that State officials had violated the constitutional rights of a former African Union Economic, Social and Cultural Council (ECOSOCC) member.
The case in question involved Dr. Shem Odongo Ochuodho, a former member of ECOSOCC who was unlawfully suspended by the African Union on June 21, 2022. Ochuodho and six other members from Sudan, Libya, Gabon, Mauritania, and Nigeria were suspended due to findings of illegal convening of an ECOSOCC General Assembly and conduct that destabilized the organ. Ochuodho disputed the suspension, arguing it was procedurally unlawful and that the AU Commission chairperson lacked the power to sanction elected ECOSOCC members.
The court found that the Attorney General, the Foreign Affairs Cabinet Secretary, Principal Secretary, and Kenya's Ambassador to the African Union breached Ochuodho's right to fair administrative action by failing to respond to his request for diplomatic intervention. The court held that the failure to address Ochuodho's complaint against ECOSOCC through available diplomatic channels violated his rights to access justice and a fair hearing under the Constitution.
Justice Aburili noted that the case exposed a gap in how Kenya handles grievances involving international organizations that enjoy immunity and therefore cannot easily be subjected to proceedings before Kenyan courts. The judge emphasized the need for a supervisory order to ensure that the government creates an administrative avenue for citizens who may have grievances against international or regional organizations.
The African Union Commission, the ECOSOCC Standing Committee, and the ECOSOCC Secretariat had been struck out of the case in an earlier ruling delivered on July 3, 2026, due to their immunity from legal process under the Privileges and Immunities Act. This immunity meant the court could not compel the AU bodies to reinstate Ochuodho or otherwise directly intervene in his dispute with ECOSOCC.
Ochuodho's term had also expired in December 2022, making an order for his reinstatement moot. Despite this, the court emphasized the importance of establishing a complaints system to prevent similar situations in the future. The Ministry of Foreign Affairs was found to have failed in its statutory duty to process and determine Ochuodho's request for diplomatic intervention by ignoring his complaint.
The court's decision highlights the need for the Kenyan government to create a mechanism for handling complaints from citizens working with international organizations that enjoy diplomatic immunity. The government has been given nine months to develop and operationalize this system, which will provide a fair opportunity for citizens to make representations and seek redress for any grievances they may have.
Key points
- The Kenyan government must establish a formal complaints system for citizens working with international bodies within nine months.
- The system aims to protect citizens from rights violations by international organizations that enjoy diplomatic immunity.
- The decision was made in response to a case involving a former ECOSOCC member who was unlawfully suspended by the African Union.
