In Nairobi, a real estate agent named Hellen Njeri Nderu claims she was contacted via Facebook by a French couple, Luc Camilleri and Ricard Magaly, seeking assistance in finding a rental home.
The couple had recently relocated to Kenya with their two young children, as Ricard had secured employment at the French Embassy.
After initial discussions, Hellen states that they reached a verbal agreement, and she received an advance of Ksh 20,000 to cover her expenses during the house search.
She found a furnished house that the couple liked; however, the rent exceeded their budget, and the landlord was unwilling to negotiate.
Upon further investigation, Hellen discovered that the house could be rented at a lower rate if it was unfurnished.
She shared this information with Luc and Ricard, who agreed to proceed, as they had brought some of their own furniture.
Hellen alleges that the couple then asked for additional help in sourcing furniture, curtains, and electronic items.
She proposed a fee of $3,000 for her services, considering the significant rent savings Ksh 130,000 per month over five years that she had secured for them.
However, after Luc and Ricard signed the lease, they reportedly became unresponsive.
When Hellen followed up for her commission, she found that her number had been blocked, and all communication had ceased.
Seeking assistance, Hellen approached the French Embassy and met with an officer named Mr. Jimmy on October 17, 2024.
She provided WhatsApp messages as evidence, and Mr. Jimmy promised to follow up but has not contacted her since.
She also sent several letters to the Embassy without receiving a response.
Feeling she had no other recourse, Hellen filed a complaint at the Diplomatic Police Station in Gigiri.
When an officer attempted to investigate by contacting Luc, there was swift backlash.
The officer was summoned by the station commander to explain why she was “summoning” a diplomat.
The officer defended her actions, stating she was merely investigating a reported complaint.
Hellen believes that, despite the absence of a written contract for the $3,000 commission, the communication between her and the couple substantiates her claim.
She asserts that she deserves payment for her services.
The outcome of her pursuit of justice remains to be seen.
This situation highlights the complexities that can arise when dealing with individuals associated with diplomatic missions.
Diplomatic agents typically enjoy immunity from the criminal, civil, and administrative jurisdiction of the host country, except in specific cases.
According to Kenya’s Privileges and Immunities Act, diplomatic agents are immune from civil jurisdiction except in matters related to private immovable property, succession, or professional activities outside their official functions.
In this case, if the French couple’s actions are deemed part of their official diplomatic functions, they may be protected by diplomatic immunity.
However, if their dealings with Hellen are considered a private matter outside their official duties, this immunity might not apply.
The distinction between official and private acts is crucial in determining the applicability of diplomatic immunity.
Hellen’s experience underscores the importance of formalizing agreements in writing, especially when dealing with individuals who may have diplomatic immunity.
Written contracts provide clear terms and can serve as evidence in disputes, potentially mitigating complications arising from verbal agreements.
As Hellen continues to seek resolution, her case may prompt discussions about the balance between diplomatic privileges and the rights of local citizens engaging in business with diplomats.
The outcome could influence how similar cases are handled in the future, particularly concerning the enforcement of agreements and the limitations of diplomatic immunity in private commercial transactions.
