Former diplomat, three others guilty of murdering Ambassador Jimerez, one acquitted

Former First Secretary at the Venezuelan Embassy, Dwight Sagaray and three Kenyan nationals who were yesterday found guilty in the murder of the late Venezuelan envoy Olga Fonseca Jimerez are now facing life sentence.

While convicting them, High Court Trial Judge Roselyn Korir said the state had proved their case against the accused persons.

They include Dwight alongside Ahmed Omindo, Alex Sifuna Wanyonyi and Moses Kiprotich Kalya.

However, Kirui Chelogoi, a former guard to the neighbouring Turkish Embassy was acquitted after he convinced the court he had no relations with the accused and his only crime was to use a mobile phone he found on the road and belonged to the murdered diplomat.

Another suspect Mohamed Ahmed Hassan was never captured and warrants of his arrest remain unexecuted to date.

In a judgement delivered by Justice Korir, the court established common intention as well as malice forethought for the murder of the late Fonseca shrouded by power struggle at the embassy.

“I have found their evidence to be credible. They narrated what they saw and experienced. They have no interest in siding with either party.” Justice Korir observed.

Justice Korir said the evidence produced in court by the prosecution demonstrated there was an outright conflict between Olga and Dwight.

The judge observed that glaring conflict provided the motive to eliminate Olga.

The court was able to deduce the hostile and acrimonious relationship between the two through the evidence from the embassy staff.

Employees at the embassy were confused as to who was in charge.

Olga’s arrival according to the evidence produced was not only resented by Mohamed and Dwight but also by some of the staff members.

The Court observed that Olga would from time to time complain about the living conditions and disrespect from the staff.

The court noted that the ensuing power struggle was evidenced by the withdrawal of embassy vehicles by Olga from Dwight.

Olga had also wanted door locks at the chancery changed a few days before she was murdered.

The court in convicting the four considered a confession statement by Moses.

Fonseca was found murdered in her Runda residence in Nairobi.

She was strangled to death on July 26 2012, less than two weeks after arriving in Kenya to head the diplomatic mission.

She replaced former ambassador Gerardo Silva who was facing allegations of sexual harassment by male workers from the embassy.

Olga’s body was found lying on her bed with a wire cord around her neck, hands and legs.

The court established from evidence given by 37 prosecution witness and 39 exhibits that Sagaray was an accessory to the murder with a motive after establishing malice forethought through the hand of Mohammed Hassan who is still at large.

Omindo, Sifuna and Moses were found to have participated in a meeting in which a plot to kill the late Olga was hatched and failed to report it.

The court further ordered the arrest and trial of Mohammed who was mentioned severally in the case and still remains at large 10 years later. Sentence hearing is scheduled for February 16th and 17th as they are remanded at Industrial Prison.

Dwight and the three co-accused are remanded at the Industrial area remand awaiting sentencing on February 16, 2023.