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KQ protests detention of its two employees by Congolese military

Kenya Airways, on Friday, April 26, 2024, accused DRC millitary intelligence unit of detaining its two employees incommunicado (Photo: KQ)

By Mary Wambui | 26 Apr 2024

KQ insisted that the arrest happened despite the airline having not uplifted or accepted the "precious" cargo.

Kenya Airways (KQ) has protested the detention of its two employees by the Congolese military intelligence unit in Kinshasa, DRC.

KQ, in a statement released on Friday, said that the unit known as Detection Militaire des Activities Anti-Patrie (DEMIAP) arrested the two on April 19 this year following an alleged lack of customs documentation for "precious" cargo that was in the process of being cleared to be airlifted from the country.

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It added that their phones were seized and they were blocked from receiving visitors. However, on Tuesday this week, the Kenyan embassy officials and KQ staff were allowed to visit them but only for a few minutes.

KQ did not reveal the details of the meeting but insisted that the arrest happened despite the airline having not uplifted or accepted the "precious" cargo that was to be transported on its flight on April 12. It added that it did not clear the cargo due to incomplete documentation.

The cargo in question was not on the airside for transportation at the time of the two officials' arrest, as the logistics handler was still completing the documentation process before handing it over to KQ.

"This cargo was still in the baggage section undergoing clearance when the security team arrived and alleged that KQ was transporting cargo without customs clearance. In all efforts to explain to the military officers that KQ had not accepted the cargo because of incomplete documentation proved futile. The military officers took the two employees to the military side of the airwing (DEMIAP) to record statements," KQ's Group Managing Director and CEO Allan Kilavuka disclosed.

On April 24, 2024, the airline filed an application in the military court for the two to be released unconditionally and immediately obtained orders to have them freed five days later.

"The court heard the matter on April 24, 2024, and granted KQ's request that the two staff members be released to allow due process. Despite the court order, the military intelligence is still holding them incommunicado, yet these are civilians being held in a military intelligence facility," Kivaluka lamented.

He said KQ was perturbed by the actions of the Congolese military against innocent employees, describing it as harassment of the airline's operations.

Kivaluka further maintained that the airline adheres to international best practices in its handling and transportation of cargo, including relevant documentation and safety and security checks by the appropriate agencies.

"KQ continues to cooperate with the investigating agencies and is working with the relevant government entities in both the DRC and Kenya to ensure this matter is resolved," added the CEO.

Chairperson of the National Assembly Defence, Intelligence, and Foreign Relations Committee and Belgut MP Nelson Koech, asked the DRC to immediately release the two Kenyans held incommunicado, adding that the act is a serious infringement of their rights and a worrying breach of the diplomatic principles upon which Kenya-DRC relations are founded.

"DRC authorities continue detaining the two Kenyans in open contravention of an order from the Military Court, that directed that the two be released following an application by KQ before the Court. Indeed, DRC has been one of the region's top beneficiaries of the Kenyan spirit of hospitality with Congolese citizens freely living in and earning their livelihoods in Kenya without any harassment by our authorities. Not too long ago the Kenya Defence Forces (KDF) were involved in efforts to restore peace in Eastern DRC under the umbrella of the East African Community Regional Force (ECRAF)," the MP admonished the country's military.

"At the very least gesture of reciprocity to this goodwill, we expect DRC authorities to humanely treat Kenyans earning legitimate livelihoods in DRC. I urge the DRC government to speedily take up this matter and order the immediate release of the two Kenyans to avoid further escalation of the diplomatic tensions between our two friendly countries," Nelson Koech added.

Kenya's Foreign Affairs Principal Secretary, Korir Sing'Oei, further promised to look into the issue and update the public on developments. Kenya's mission in Kinshasa, he added, was already engaging actively on the matter.

"Kenya takes great exception to the arrest and detention of its nationals lawfully carrying out commercial activities in the Democratic Republic of Congo. The government reaffirms its commitment to protecting our citizens working abroad," the PS posted on his X platform.

DRC's Detection Militaire des Activities Anti-Patrie (DEMIAP) has yet to respond to KQ's press release on the arrest and detention of its two employees in Kinshasa.