Somalia contended that the embassy’s accounts at Premier Bank Limited should be shielded by diplomatic immunity. Yet, Justice Mabeya pointed out that Article 31 of the Vienna Convention on Diplomatic Relations (1961) doesn’t cover commercial dealings. He decreed that sovereign immunity is inapplicable to states partaking in business activities like contractual engagements.
The Somali embassy’s envoy, Jabril Ibrahim Abdulle, declared in an affidavit that the contested funds comprised fees from those applying for passports and visas. He argued that Kenya and Somalia stand as sovereign equals under international law, hinting that the court had been swayed improperly to impose a freeze on the embassy’s accounts.
In spite of these assertions, the court reiterated that commercial activities lie beyond the bounds of diplomatic immunity. Justice Mabeya stressed that states relinquish their sovereign immunity when entering into commercial contracts and affirmed that the bank had sufficient funds to settle the debt.
