By Martin Mutua
A Venezuelan diplomat charged with the murder of the acting Ambassador to Kenya Olga Fonseca, now wants the court to declare his trial illegal.
Dwight Sagaray, who was the Venezuelan Embassy’s first secretary, on Monday filed an appeal in court seeking to have his criminal case dismissed.
He wants the High Court to find that he enjoyed diplomatic immunity when he was arrested and charged with the murder of the acting envoy.
Sagaray argues that he was illegally locked up on July 27 when he had gone to give his statement at Gigiri Police Station.
The accused also suffered a setback when High Court Judge Nicholas Ombija refused his bail application and ordered that he remains in remand until his case is heard and determined.
Sagaray is charged along with Mohamed Ahmed Mohamed who has not been apprehended. Sagaray pleaded not guilty when he appeared before Justice Florence Muchemi.
The judge ruled Mohammed is still at large and poses a great danger and might collude with Sagaray and interfere with witnesses and the case.
Fonseca was found strangled at her official residence in Nairobi on 27 July.