Kenyan Court Commands Somali Embassy to Fork Out $200,000 for Unsettled Renovation Expenses

The Somali Embassy found itself embroiled in a sticky legal tango over unpaid renovation dues. A Kenyan court recently mandated the disbursement of $201,942 to Kingsly Construction Limited from the embassy’s accounts after a contractual hiccup back in 2016.

NAIROBI, Kenya (AX) — A Kenyan court has directed Premier Bank to release KSh 26 million ($201,942) from the Somali Embassy’s funds to Kingsly Construction Limited. This verdict marks the end of a three-year tussle over unpaid renovation bills for the embassy’s Nairobi premises. The court dismissed Somalia’s diplomatic immunity defense.

The saga traces back to 2016 when Kingsly Construction was roped in to give the Somali Embassy in Kilimani a facelift. Payment delays and eventual non-payments led the construction firm to drag Somalia to court in 2019, demanding their dues of KSh 53.6 million ($369,438). Court records paint a tale of unfulfilled payments and restricted site access, leaving Kingsly Construction high and dry.

Somalia’s defense? Diplomatic immunity under the Vienna Convention on Diplomatic Relations (1961). Ambassador Jabril Abdulle argued the funds, accrued from visa and passport fees, were untouchable due to their diplomatic nature.

However, Justice Alfred Mabeya of the High Court was having none of it. “Sovereign immunity doesn’t cover a state’s commercial contracts,” he asserted, greenlighting the release of KSh 26 million from the embassy’s frozen stash to Kingsly Construction.

According to various sources, the embassy’s renovation initially kickstarted with $100,000 from Kenya’s Somali business circle. Kingsly Construction chipped in an additional $300,000. The refurbishment garnered notable attention, even attracting a visit from Somali President Hassan Sheikh Mohamud in 2016. Yet, post-2016 elections, payments ceased abruptly and the project ground to a halt.

In its quest to recoup the owed cash, Kingsly Construction had once attempted to auction embassy assets when the Somali government snubbed multiple legal summons. Although an out-of-court deal was momentarily brokered, it fell apart as the embassy faltered in its payment promises. The plot thickened when Kingsly learned the embassy aimed to pass on the remaining 20% of the job to another contractor using materials they had already supplied.

This construction quarrel also revealed fissures within Somalia’s diplomatic ranks. Former Somali Ambassador to Kenya, Mohamed Ahmed Noor Tarsan, threw shade at Kingsly Construction, questioning whether they had indeed done any significant work.

Tarsan went on to claim that another $320,000—raised by Kenya’s Somali business community and ex-Prime Minister Hassan Ali Khaire’s government—was later funneled to wrap up the project. These accusations were shot down by Fathudin Ali Mohamed, the current Somali Ambassador to Turkey, who labeled Tarsan’s comments as defamatory and threatened legal action.

The ruling wraps up a protracted legal battle, ensuring Kingsly Construction gets its fair share of the KSh 26 million ($201,942) for their labor on the embassy.

“The decision underscores that diplomatic immunity cannot be a loophole to escape commercial duties,” said Kingsly Construction’s attorney, Charles Madowo. “Our client has been patient for this resolution, and finally, justice has triumphed.”