Kibaki Addresses Kenyans in NY; Recalls His Top Envoy to Washington
By Kaburi Kariuki in San Francisco, CA
Filed at 1:30p.m. CT

Leonard Ngaithe/ML File Photo

Sept 17 -- Kenyans from all walks of life packed the Millennium UN Plaza Hotel Saturday in New York to welcome and listen to their nation’s President Mwai Kibaki.

The room reserved for the meeting normally accommodates about 350 people ended up holding almost double that number. Conspicuously missing in the entourage was Leonard Ngaithe, Kenyan Ambassador to the United States.

Observers attending the meeting indicated that the President's demeanor was relaxed despite the storm that was unfurling in diplomatic circles. The president even entertained a question and answer session during which he called on some of his ministers to answer certain questions from the audience jokingly reminding them [using a Swahili word], that they did not travel to the US for “bure” nothing.

The amazing thing, according to one observer, was that the Kenyans assembled were not hostile at all to the president. Instead, they displayed friendliness and affection despite the stories out of Kenyan media that the Ngaithe had just been recalled with immediate effect for an alleged sexual assault in New York on Tuesday night. It is alleged that Ngaithe sexually assaulted a junior female colleague who is stationed at the Kenyan Mission to the United Nations in New York.

Throughout the meeting it would be safe to assume that most of the attendees had not seen the breaking news reports on Ngaithe’s recall. Evidently, no individual posed any question regarding the recall of the envoy to the President.

Instead, the Kenyans took time to actually commend the President on various policies e.g. the improved infrastructure, the progress on the new constitution, prior to posing their individual questions. All in all, people accorded the president the utmost respect, fitting for a Head of State.

Ngaithe’s sudden and unfortunate recall comes barely one and half years since he was posted to Washington in May 2004 from the Netherlands to replace Dr. Yusuf A. Nzibo who was subsequently posted to the Kingdom of Saudi Arabia.

The sexual assault allegation and subsequent recall will certainly leave a blemish on Kenya’s diplomatic front and raise myriad questions. The personnel at the Kenyan Embassy in Washington scrambled to contain the scandal prior to its leaking to the press but it was a little too late.

All they could manage was damage control utilizing their well spelt out diplomatic language by answering, no comment to every question from US-based media houses such as CNN and the Washington Times when they came calling among others.

It is rather unfortunate and most embarrassing to say the least that the highest-ranking officer representing our beloved country to the US could be caught in this kind of a hideous scandal. To many these is a case of déjà vu all over again.

We all remember what was widely covered in the press regarding what the late Elijah Mwangale did or did not do to the daughter of his colleague. Which was quite embarrassing to former President Moi’s delegation back in 1987.

The New York police are mum about the current scandal but that is to be expected. In the diplomatic community one is really protected and many things are usually swept under the rug.

Reliable sources confirm that after the assault the lady, in her mid 30’s, [and whose name we shall not disclose but for conversational sake lets call her Ebony], called the police and reiterated her ordeal, then filed a police report. Following which he, Ngaithe flashed his diplomatic passport to avoid arrest. Technically a diplomatic passport holder cannot be arrested or detained for any crime including murder in the host country.

Instead, the police are required to report the incident to the US State Department (DOS) under whose jurisdiction the Diplomatic corps fall. That is precisely what the New York Police Department must have done because they did not arrest Ngaithe but shortly thereafter the DOS contacted high-ranking members of the Kibaki delegation regarding the allegations.

Whenever this type of circumstance confronts a person protected by diplomatic immunity there are basically 2 options, (i) the host government may revoke the diplomatic immunity at which the accused would be arrested and face charges in the legal system. (ii) the diplomat is recalled to their home country to avoid prosecution and this is what happens in most cases.

In this case, the Kibaki government had little or no choice but to recall Ngaithe to avoid him facing arrest and a long trial here in the United States, which would consequently strain diplomatic relations between the two nations.

Now I am sure many of you would say No! Let him pay the price for his alleged crime, but then again, remember he represented our country. So if he were to be put on trial here in the US it would become a media circus, reminiscent of some of the high profile trials we have watched on CNN and no matter what remote part of America you live in, we as Kenyans collectively and our country would be on trial vicariously. No, that is not what any patriotic citizen would want to impress upon the American psyche.

I think the lesson here is that our leaders should be more prudent in appointing our ambassadors. Yes, it is a political appointment and therefore the President can appoint whomever he wants and I’m not sure if the current constitution provides for parliamentary confirmations for ambassadorial nominees.

However going forward we should be extra vigilant in whom we send to represent our country for they are a direct representation of our government. According to the dictionary a diplomat is one who is skilled in dealing with sensitive matters and people, tactful and of a sober mind. So where was the tact? Especially when your president was right in town. You were supposed to be on your best behavior while hosting the President.

Maybe the government should consider enrolling all diplomats to a school of diplomacy prior to deployment, which, if I am right, the Public Service Commission (PSC) is supposedly meant to do. One of my old professors of ethics used to say that he would never be caught dead in a room with a woman without one or two witnesses unless it was his wife. He continued to advice that once you ascend up that ladder you almost have to be paranoid about whom you allow into your inner circle. Take it from the wise; he has authored a book or two on the subject of diplomacy.

So what will happen to Ngaithe & Ebony? Well, both have been recalled from their various posts and are now back in Nairobi. Sources in Washington and New York confirmed that the recall on both is normal protocol. The sad thing is that the investigation phase that will follow in Kenya is not anywhere close to what would have happened if he were tried in the US.

In the US, there would be consideration on the severity of the attack and whether the victim was known or unknown to the assailant and a distinction would be made considering that Ngaithe had supervisory power over Ebony, which would automatically elevate the charges to aggravated sexual assault or aggravated rape whatever the case may be.

In short, if tried in the US, he could have done some time behind bars if found guilty and likewise if he had committed the crime in Kenya and the laws had been upheld. However sources confirm that the procedure now that he has been recalled is that he will not stand trial but the investigation will determine if he has breached the Civil Service Conduct Code and if found guilty on that count then he will be fired or demoted.

On the flip side if Ebony is vindicated she will be reposted to another station where she can hopefully continue with her career in the civil service. Many would beg to differ with that established process and say that once out of the foreign country the diplomat should face the full wrath of the law and pay for the crime. Diplomatic immunity should not shield him anymore otherwise how else do we compensate the victim?

According to those who work in the diplomatic field the highest honor in the civil service is to represent ones country in a foreign nation and to be appointed as an ambassador is the ultimate calling and to serve in that capacity to the United States of America, is considered the ultimate posting! Therefore Ngaithe has not only brought an end to his own career but has foremost embarrassed the president, then all of us who consider ourselves patriotic Kenyans. It was only five months ago when leaders of US-based Kenyan organizations sounded the alarm in writing regarding Ngaithe conduct to Boaz Mbaya, a seasoned career diplomat who now serves as Permanent Secretary (PS) in the Ministry of Foreign Affairs.

According to the group, the PS did not respond. But now he can never say that he was unaware that the situation in Washington had deteriorated. To quote from the letter by the group to the PS dated April 18th 2005, “Unfortunately, we have noticed significant erosion in the level of service and professionalism during the tenure of the current Ambassador, His Excellency Leonard Ngaithe.”

Maybe next time the PS should heed the advice or issues raised by Kenyans in the Diaspora. It appears that if he had acted on the letter, maybe this current embarrassment would have been put in check way before embarrassing the head of state.

Ngaithe’s lack of decorum whenever he traveled across this country was inconsistent with that of a career diplomat and he certainly came across more like the new Kenyan parvenu and not a diplomat. He was known to have had several flings with women from the East coast and some as far as the West Coast. Therefore nobody should be surprised if Ebony 2 and Ebony 3 pop up. Attempts to reach Ngaithe for comment were unsuccessful because he may have been on transit.

So what will become of the Kenya Embassy in Washington? Do not despair, the Kenyan flag will continue to fly high and the remaining officers are capable and able to sustain our efforts until the President appoints a replacement.

Unfortunately the replacement will have to first come and clean up the mess left behind. The President should take his time and first do a thorough background search on all that will be shortlisted prior to posting anybody to Washington to avoid another Ngaithe saga. Hopefully we will get the likes of Aphande or Nzibo, men of character who left a positive impression on the Kenyans in the Diaspora as well as the State Department.

Mr. Franklin Esipila, the Deputy Ambassador to Ngaithe, was recently promoted to a full ambassadorial position and posted to Addis Ababa, Ethiopia. He reportedly left two weeks ago for Nairobi to prepare leaving for his new posting. So the mantle now rests with Mr. James Wakiaga who serves as a second Counselor.

Sources at the Embassy confirmed that he is now acting as the Charte` de Affaires (CDA). Wakiaga had served previously in that role when another scandal rocked that Washington-based Embassy when Kirimi Kaberia who was largely considered a nepotism appointment was recalled last year.

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