I have noted with concern reports that a Military unit in the Democratic Republic of Congo has been holding two Kenyans who work for the Kenya Airways in Kinshasa since Friday last week.
The reasons reported for the said arrests is alleged to be missing custom documents relating to a cargo that was to be transported through KQ on 12th April 2024.
KQ has clarified that the said cargo was not accepted or airlifted by the Airline due to incomplete documentation. The said cargo was not in KQ’s possession at the time of the two employees’ arrest, raising serious questions on the legality and justifiability for the incarceration of the two Kenyans by the DRC Military.
What’s even more concerning is the fact that the DRC authorities continue detaining the two Kenyans in open contravention of an order from the Military Court, that directed that the two be released following an application by KQ before the Court.
This is a serious infringement of the rights of the two Kenyans and a worrying breach of the diplomatic principles upon which the Kenya-DRC relations are founded.
Indeed, DRC has been one of the region’s top beneficiaries of the Kenyan spirit of hospitality with Congolese citizens freely living in and earning their livelihoods in Kenya without any harassment by our authorities.
Not too long ago the Kenya Defence Forces (KDF) were involved in efforts to restore peace in Eastern DRC under the umbrella of the East African Community Regional Force (ECRAF).
At the very least gesture of reciprocity to this goodwill, we expect DRC authorities to humanely treat Kenyans earning legitimate livelihoods in DRC.
The Geneva Convention prohibits the arbitrary detention of civilians by the Army. In fact, the International Covenant on Civil and Political Rights (ICCPR) protects civilians against arbitrary detention, ensuring that individuals cannot be held without proper legal authority and safeguards.
Clearly, the DRC military is in breach of this basic international law, with the continued detention of the two Kenyans even after the order to release them was issued by Court.
I urge the DRC Government to speedily take up this matter and order for the immediate release of the two Kenyans to avoid further escalation of the diplomatic tensions between our two friendly countries.
Hon. Nelson Koech, Chairperson of the National Assembly Defence, Intelligence and Foreign Relations Committee.